1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 24, 2015, the Plaintiff purchased the instant real estate (hereinafter referred to as “instant sales contract”) and completed the registration of ownership transfer with respect to the instant real estate on September 2, 2015, among the land and buildings (hereinafter referred to as “land and buildings”) from the Hanju-si, Seoul-si, and its ground buildings (hereinafter referred to as “instant real estate”).

B. On March 17, 2016, the Defendant filed a lawsuit against the Plaintiff on the ground that the instant sales contract constitutes a fraudulent act as a creditor of B, and completed the registration of provisional injunction for disposal (hereinafter “registration of provisional injunction”). On March 21, 2016, the Defendant received a decision to prohibit disposal of the instant real estate and completed the registration of provisional injunction for disposal (hereinafter “registration of provisional injunction”).

C. After September 27, 2016, the Defendant lost the above lawsuit, and the registration of the instant provisional disposition was cancelled on October 18, 2016.

On February 28, 2017, the Plaintiff sold the instant real estate in KRW 500 million.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, and 8, purport of the whole pleadings]

2. Determination

A. The Plaintiff’s assertion attempted to sell the instant real estate at the level of KRW 530 million on February 2016, but failed to sell due to the registration of the instant provisional injunction. Since the registration of the instant provisional injunction was cancelled, the Plaintiff had no choice but to sell more than KRW 500 million on February 2017 after the cancellation of the registration of the instant provisional injunction, and due to the Defendant’s unfair provisional injunction execution, the Plaintiff suffered damages for not selling the instant real estate at once and the subsequent mental suffering, and thus, the Defendant is liable to compensate for such damages.

B. The applicant for a provisional disposition, in case where the disposal of the object of the provisional disposition has been delayed due to the execution of the relevant legal principles, and the owner of the real estate has been liable to compensate for the damages, but where the owner of the real estate uses and benefits from the real estate at the time of the execution of the provisional disposition, the