Since the 2002 civil case law of execution was established revised law some with a No. 7358 legal by the first revisions 2005. 1. 27. since were proclaimed, and six months were passed after fears legal were enforced, and there were two revisions to be important in maintenance disposal fields here.
Primarily did so as it is adoption of across-the-board decision, and to previous legal provisional seizure/provisional disposition command procedures, all judge with formats of judgment or decision, but revised law always judges with formats of decision. Second did so as to obey to decision procedures to be across-the-board to cancellation application procedures by protest we were procedural objection application regarding a provisional seizure/provisional disposition/circumstances changes.
Even if there was the issue that investigation was coarse, were selections for simplification of procedures and promptness anger.
Therefore, the maintenance disposal provisional measures or disposal dealing quickly with before being set up judicial the original bill are procedural in order to to prevent the risk that rights realization is complicated even if judgment of the original bill determines later.
Provisional disposition forbidden disposal deprives the owner who is a provisional disposition debtor in order to to keep execution of the preserved right which a provisional disposition creditor has in good condition or other rightful person object suggestion disposal rights during him, and fix the current juridical relation, and be provisional disposition doing for the purpose of enabling an event of preserved right regarding an object case of a provisional disposition creditor to this. This provisional disposition forbidden disposal is almost done to real estate only on practical business affairs, and an issue becomes on registry by duplications with different procedures and the effects mostly.
This study will watch around provisional disposition forbidden real estate disposal during provisional disposition forbidden disposal. A provisional disposition debtor is got from restriction along a provisional disposition command about disposal rights regarding objective real estate by effects of provisional disposition if we register by decision of provisional disposition forbidden disposal about real estates. Also, provisional disposition debtors and the third acquisitor violating to provisional disposition is important what kind of effect a provisional disposition creditor can insist to by provisional disposition forbidden disposal if devoted. However, there is not regulation regarding the effect, and we are solving these issues in a theory and a precedent to the current civil case law of execution. Therefore, this study will watch provisional disposition forbidden disposal regarding real estate and various cases to have been related to through theories and precedents.