1. Overview
The creditors took issue with the post made by the client while having a conflict with the client regarding the construction of the apartment. Accordingly, the creditors have applied for provisional disposition to delete posts containing the contents of the Residents' Representative Meeting or its members, prohibit its expression, and ban slander and accusations regarding the work performed by the Residents' Representatives Meeting.
2. Applicable Law
Civil Execution Act
Article 300 (Purpose of Provisional Disposition)
(1) Provisional dispositions with regard to the objects of dispute may be effected where, if the existing situations are altered, the party is unable to exercise his/her rights, or there exists a concern about a substantial difficulty in exercising it.
(2) Provisional dispositions may also be effected in order to fix a temporary position against the disputed relation of right. In this case, such provisional dispositions shall be effected specially where intending to avoid a significant damage on a continuing relation of right or to prevent an imminent danger, or where other necessary reasons exist.
3. Assistance of Counsel
Law-Win attorney argued that the requirements of the client's application for provisional disposition were not met. In other words, she argued that the right to preservation and the necessity of preservation are not recognized in the application for provisional disposition. In addition, freedom of expression is a fundamental right guaranteed by the Constitution, so it should not be restricted arbitrarily
4. Outcome
With the help of Law-Win attorney, the application for provisional disposition was dismissed.
5. Significance of the Outcome
Attorney defended the application for provisional disposition by arguing to discuss the provisions of the Constitution and fundamental rights in the case of the application under the Civil Execution Act. It was a case in which her defense ability that transcended the field of lawyer, was fully demonstrated.
Attorney Park, Yeon-jeong
