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. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, it is decided to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. The part described in the 6th sentence 2 to 16th sentence of the first instance judgment is as follows.

(A) Even if a provisional disposition is executed unfairly to preserve the right to claim registration of real estate, such provisional disposition has a relative effect as to the prohibition of disposal, and even after its execution, an obligor still continues to use and profit from the real estate and can dispose of it. Thus, even if the existence of such provisional disposition was lost an opportunity to dispose of the real estate or the compensation was not paid from time to time, it is difficult to view that the damage was caused as long as it does not exceed the occupation and use profit gained while holding the real estate in question. Even if the damage was incurred due to a disadvantage exceeding the occupation and use profit of the real estate in question, the damage should be held liable only when the provisional disposition obligee knew or could have known the situation, first of all, as to the proximate causal relation. (B) The above evidence evidence evidence evidence Gap 11, 17 through 19, and evidence G testimony of the trial witness G, and the whole purport of pleading as to each of the real estate in this case as to the real estate in this case, C 500 million won remaining at the expiration of the maximum debt period of 500 billion won, and 500 million won.