1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On April 5, 2012, the Plaintiff completed the registration of provisional attachment entry pursuant to the decision of provisional attachment (which was not approved under the Building Act until June 24, 2011; hereinafter “instant building”) with the claimed amount of KRW 120,000,000 as a result of the commission of the registration of provisional attachment, among the land listed in paragraph (1) of the attached Table No. C (hereinafter “C”), owned by C (hereinafter “C”) and the building listed in paragraph (2) of the attached Table No. 891/2673 (hereinafter “instant land”).

B. On January 1, 2012, the Plaintiff filed a loan lawsuit against C and its representative director G, and was sentenced to a judgment in full favor of the Plaintiff (Seoul East District Court 2012Ga1250, hereinafter “instant judgment”) on December 12, 2012, “The Defendants jointly and severally calculated 50,000,000 won and 3% per month from January 31, 2008 to the date of full payment, and Defendant C shall pay 70,000,000 won and 3% per month from February 4, 2008 to the date of full payment” (hereinafter “instant judgment”).

C and G appealed, but on May 24, 2013, the judgment dismissing all the Defendants’ appeals (Seoul High Court 2013Na5239) was rendered, and the judgment of this case became final and conclusive around that time because the Defendants did not appeal.

C. The Plaintiff, with the executory exemplification of the instant judgment against C, filed an application for compulsory auction (Sacheon District Court Young Branch Branch D) with respect to the instant land and buildings with the executory exemplification of the instant judgment, and the provisional attachment indicated in paragraph (a) was executed on March 11, 2014 by the compulsory auction ruling was completed and registered on the same day.

On November 17, 2015, the defendant is currently attracting the building of this case with the claim for construction price of KRW 380 million against C which was not received after completion of the construction of facilities related to the building of this case as the secured claim in the above real estate compulsory auction procedure.