1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

On July 17, 1992, the Defendant purchased an automobile from the Asian Automobile Industry Co., Ltd. (hereinafter referred to as the “Nonindicted Company”). On August 17, 1992, the Defendant entered into a guarantee insurance contract for installment sales with the Plaintiff (a guarantee insurance company prior to the mutual change of November 25, 1998) to secure the payment of the installment amount (hereinafter referred to as the “instant guarantee insurance contract”). The period of insurance was from July 10, 1992 to March 9, 1994 (hereinafter referred to as the “instant guarantee insurance contract”).

From December 9, 1992, the Defendant did not pay the installment to the non-party company, and the non-party company claimed insurance proceeds to the Plaintiff around September 1993, and the Plaintiff paid KRW 4,293,260 to the non-party company on October 19, 193.

On February 15, 1994, the Plaintiff received a decision on provisional seizure of real estate against the Defendant regarding the amount of KRW 4,293,260, as the Daejeon District Court Decision 94Kadan862 on February 15, 1994, as the amount of compensation, which is the real estate owned by the Defendant, C, Chungcheongnam-si, Chungcheongnam-si, the real estate owned by the Defendant (hereinafter “the instant real estate”).

On October 23, 1996, the Plaintiff filed a lawsuit against the Defendant with the Daejeon District Court 96Gaso97254, which claimed the payment of the interest in arrears from October 23, 1995 to the date of full payment of the amount of KRW 5,748,380 and the amount of KRW 4,293,260 among them. The above court rendered a judgment in favor of the Plaintiff on December 2, 1996 and became final and conclusive around that time.

On the other hand, on April 10, 1994, the Defendant donated the instant real estate to D and completed the registration of ownership transfer in the name D on the same day. D, around September 2005, asked the Plaintiff about the conditions for the provisional seizure of the instant real estate. The Plaintiff responded to the provisional seizure cancellation if the Plaintiff paid KRW 4,293,260, and KRW 55,120, which are the amount of the preserved claim subject to provisional seizure, to the sum of KRW 4,348,380, which are the amount of the provisional seizure claim and KRW 55,120.

D On September 23, 2005, the Plaintiff paid KRW 4,348,380 to the Plaintiff, and the name of the Plaintiff on the instant real estate is the name of the Plaintiff.