1. Case Overview

In preparation for divorce and property division, the client determined there was a risk that their spouse might arbitrarily dispose of real estate held as joint property. Consequently, to preserve the right to claim property division in the future, the client filed for a provisional injunction prohibiting the disposal of the spouse's share of the real estate.

2. Unique Aspects of the Case

Divorce lawsuits often proceed over a long period, during which there is a risk that the opposing party may dispose of assets by selling them or providing them as collateral. The core of this case was to preemptively prevent a situation where actual execution becomes impossible even after receiving a future property division ruling.

3. Attorney Assistance

We specifically clarified the possibility of the spouse disposing of the property and the necessity of provisional attachment, actively arguing that a provisional injunction decision was absolutely necessary to protect the right to claim property division. Additionally, we reviewed the method of providing collateral and proceeded with the procedure in a way that minimized the client's financial burden.

4. Result of Assistance

The court accepted the client's application and cited the provisional injunction decision prohibiting any acts of disposal, including sale, gift, establishment of a mortgage, and establishment of a lease, on the relevant real estate share. Furthermore, the cost burden was reduced by allowing a deposit guarantee insurance policy to replace the provision of collateral without cash deposit. Through this, we laid an important foundation to stably secure the client's rights in the future property division lawsuit.