1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

1. The basic facts;

2. The plaintiff's assertion and judgment

A. The reasoning for the court's explanation on this part is as follows: (a) by adding "in the first instance court's decision No. 4, 3" to "in the first instance court's decision," and (b) at the fourth end of the same day, the defendant is obligated to compensate the plaintiff for damages equivalent to KRW 117,00,000, which is the value of the share in this case, if delivery is impossible; and (c) except for the addition of "in the first instance court's decision No. 4, 3,00,000."

B. Ex officio determination as to whether a lawsuit seeking compensation for expenses incurred in relation to personnel expenses, transportation expenses, lodging expenses, food expenses, stamp, delivery expenses, service charges, and documents preparation expenses is lawful, and the amount paid as litigation expenses can be reimbursed through the procedure for determination of the amount of litigation expenses under the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive. Therefore, there is no benefit to seek compensation for such damages as it is a separate positive loss.

(see, e.g., Supreme Court Decision 2010Da96997, Mar. 24, 2011). The amount asserted by the Plaintiff in this part may be repaid through the procedure for the determination of the amount of litigation costs and thus, there is no benefit to seek compensation therefor. Therefore, this part of the lawsuit is unlawful

(B) Even if a part of the judgment exceeds the scope of receiving reimbursement through the procedure for determining the amount of litigation costs, it is insufficient to acknowledge that there is a proximate causal relationship between the expenditure of the relevant amount claimed by the Plaintiff and the Defendant’s provisional execution, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s claim for this part of the judgment is eventually dismissed. However, the judgment of the first instance court cannot be dismissed against the Plaintiff rather than the judgment of dismissal of the first instance lawsuit in this case where only the Plaintiff appealed, and thus, the judgment of the first instance court is maintained).