1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Plaintiff and the Defendant had a de facto marital relationship from September 1987 to May 2015.

On July 13, 2015, the Defendant was issued a provisional attachment order (hereinafter “instant provisional attachment order”) against the Plaintiff’s claim for property division of KRW 500,000,000 due to de facto marital relation as a claim claim against the Plaintiff, as the court’s 2015 business group1053 square meters (hereinafter “each real estate of this case”) against the counter of the Gyeongnam-si, Sejong-do, Changwon-do, who owned the Plaintiff.

B. On March 6, 2017, the Plaintiff deposited KRW 500,000,000 for release and release the execution of the instant provisional seizure.

C. In the case of a claim for the division of property filed by the Defendant against the Plaintiff, this Court rendered a ruling on June 30, 2017, 2015 2015 Ma10037, and the Plaintiff decided to pay the Defendant the amount of KRW 250,860,000, which is equivalent to 10% of the principal’s net property 2.5 billion as the division of property, to the Defendant’s net property. Although the Plaintiff and the Defendant appealed against the said ruling, the appeal was dismissed as of August 26, 2019 by the Supreme Court Decision 2017BB1030, August 26, 2019. However, the said decision to dismiss the reappeal as of December 18, 2019 became final and conclusive.

On January 2, 2020, the Plaintiff recovered 250,529,958 won, excluding the amount determined as the Defendant’s division of property, from among the deposit money at sea after the said judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the provisional attachment was rendered by the Defendant with the claim of 500,000,000 won as the claim for division of property, but the amount finalized in the judgment on division of property was 250,860,000 won, and the Defendant applied for the provisional attachment unfairly excessive.

The above excessive provisional seizure is a tort, and at least one court's decision was served on June 30, 2017, the property division claim decided in the above judgment.