1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 12, 2015, the Defendant, with the claim of KRW 159,775,000 against the Plaintiff as the claim amounting to KRW 159,775,00, received a decision on provisional seizure of real estate (hereinafter “provisional seizure of this case”) under the Daejeon District Court 2015Kadan1109, which was owned by the Plaintiff, on the same day. The registration of provisional seizure of this case was completed.

B. Although the Defendant filed a lawsuit against the Plaintiff seeking damages from illegal possession of an apartment jointly owned by the Defendant, the Defendant was sentenced to the judgment against November 15, 2017 on the ground that there is no evidence to prove the Plaintiff’s possession of the apartment ( Daejeon District Court Decision 2015Da7807), and the said judgment became final and conclusive around that time.

C. The registration of the instant provisional attachment on the instant real estate was cancelled on April 2, 2018 on the ground of revocation on April 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 17, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff purchased the instant real estate in KRW 198 million, and intended to dispose of it, but the Defendant incurred losses from disposing of or not leasing the same from March 12, 2015, when the registration of provisional attachment entry was completed due to the Defendant’s improper provisional attachment until April 4, 2018, which was revoked, and thus, the Defendant should compensate the Plaintiff for damages equivalent to the statutory interest rate in civil law on the value of the instant real estate during the said period (=198 million won x 5% per annum x 1119/365 days).

3. Determination

A. Even if the provisional attachment of real estate was executed, the debtor still holds the authority to use and manage the real estate (Article 83(2) of the Civil Execution Act), and even if the real estate was provisionally seized, the debtor can sell and purchase the real estate or make other disposals of the real estate.