Law Firm Cheongchul (Attorneys: Park Jong-han, Lee Young-kyung) has recently obtained a ruling that cancels the injunction against the disposition of real estate.

• The creditor who claims to have a claim against the other party can apply for a provisional attachment or injunction by using the claim they hold as a right that needs to be preserved (i.e., a claim that needs to be secured), and merely needs to provide evidence (an explanation that is sufficient to form a conviction that the claim exists) without needing to prove its existence.

• On the contrary, the debtor may find themselves in an unfair situation where the creditor's claim is initially non-existent, has already been repaid, or needs to be set off.

• Especially when conducting real estate development projects or when related loans such as bridge loans or PF (Project Financing) loans are obtained using the relevant land as collateral, issues such as inability to extend loans or loss of benefits can arise. Therefore, it is essential to cancel the provisional attachment or injunction.

In connection with contesting the injunction against the disposition of the real estate, Cheongchul proposes 

1. that the client and the creditor initially intended to operate a joint business,

2. that during the initial stages of the business, the client and the creditor executed a loan using the relevant real estate and entered into a settlement agreement,

3. that the above-mentioned agreement contained a no-suit clause,

4. and emphasized that the reason the client and the creditor entered into the no-suit agreement was to execute a loan for the business and properly advance the project, thus arguing that the creditor's injunction disrupting the business should be dismissed, and the court accepted Cheongchul's opinion.

The court canceled the previous ruling granting the injunction against the disposition of the real estate and issued a ruling dismissing the creditor's application for an injunction against the client's disposition of the real estate.

The decision obtained by Law Firm Cheongchul to cancel the injunction against the disposition of the real estate is noteworthy as it is extremely rare for the application for the injunction to be accepted and granted. Particularly, this victory is significant as it signifies that Cheongchul won against a large law firm.

Law Firm Cheongchul promises to continue to do its best for the benefit of its clients.