In case where a provisional disposition registration is cancelled due to the execution of a decision on revocation of provisional disposition and the validity is suspended, whether it affects the effect of cancellation of provisional disposition registration (negative)

Where the execution of the decision of revocation of provisional disposition is completed before the judgment of suspension of validity is rendered against the decision of revocation of provisional disposition, it is not possible to render a judgment of suspension of validity, and even if the execution of the decision of revocation of provisional disposition is completed after the execution of the decision of revocation of provisional disposition is completed, the effect of the provisional disposition registration already executed and the transfer of ownership in the name of a third party that is made

Articles 289, 301, 305, and 307 of the Civil Execution Act

Appellant Co., Ltd. (Law Firm Incheon citizen, Attorney Choi Ho-ho, Counsel for defendant-appellant)

Incheon District Court Order 2008Ra486 dated November 27, 2008

The reappeal is dismissed.

The grounds of reappeal are examined.

Where the execution of the decision of revocation of provisional disposition is completed before the judgment of suspension of validity is rendered against the decision of revocation of provisional disposition, it is not possible to render a judgment of suspension of validity, and even if the execution of the decision of revocation of provisional disposition is completed after the execution of the decision of revocation of provisional disposition is completed, the effect of the provisional disposition registration already executed and the transfer of ownership in the name of a third party that is made

Examining the reasoning of the order of the court below in light of the above legal principles, it is just to maintain the decision of the court of the first instance that held that the judgment of the court of first instance cannot be executed differently even if the registration of provisional disposition was cancelled due to the execution of the decision of revocation of provisional disposition of this case, and that there was no violation of the Constitution, law, order or rule which affected the judgment.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)