가처분의 효력과 등기

A Study on the Effect of Provisional Disposition and Registration

When there is a order of a temporary injunction, it s ordinary that is registered. It ll be a problem whether the effect of the order forms when doing the order, or when registering the order. It was settled by legislation in Japan about this problem. However, it isn t clear whether this problem was settled in legislative way in our country. It s in the current state studied by a practitioner mainly about this problem. A precedent of an important Supreme Court case about this problem has gone out recently. This study treats this problem with the precedent as a material. This precedent quoted and judged the effect of the injunction to suspension of the exercise of duties with quoting the Commercial Law. Supreme Court An Areopagus judged that its effect formed when doing the order as a principle. When court does a temporary injunction actually, the registration also combines, so there are almost no cases that it ll be a problem as of the occurrence of the effect of the order. However, registration is sometimes impossible, so it is understood its effect to form when doing the order. When revising the Civil Enforcement law from now on, we ll need enough consideration about this problem.