2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. The Defendant filed an application with the Plaintiff for provisional disposition prohibiting disposal of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

Accordingly, on January 7, 2013, the Seoul Central District Court 2012Kahap3088 rendered a provisional disposition prohibiting the disposal of the real estate in this case (hereinafter "the provisional disposition in this case") on the same day, and the registration was completed on the same day.

B. The Defendant filed a lawsuit seeking revocation of fraudulent act against the Plaintiff on the merits of the instant provisional disposition. The Jeonju District Court dismissed the primary claim seeking revocation of fraudulent act by 2013da34555, and dismissed the preliminary claim seeking revocation of ownership transfer registration of the instant real estate based on the obligee’s subrogation right.

Therefore, although the defendant appealed, the above court dismissed the claim for revocation of the fraudulent act in exchange with 2014Na5947 and dismissed the remaining appeal. The judgment became final and conclusive as it is.

C. The instant provisional disposition was revoked on January 21, 2016.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion that the judgment was final and conclusive after receiving a judgment against the plaintiff in the lawsuit on the merits of the provisional disposition of this case, the defendant is liable to compensate the plaintiff for damages caused by the execution

During the provisional disposition period of this case, the Plaintiff suffered damages from the failure to receive the rent amount from time due to the Plaintiff’s failure to lease the instant real estate to another person during the provisional disposition period, which is the amount calculated by the ratio of 5% per annum under the Civil Act to the rent for the above period.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 1,908,294 as damages for tort and damages for delay.

3. Determination

A. Provisional disposition against the defendant's liability for damages.