1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Defendant completed the registration of the establishment of the establishment of the neighboring apartment of this case in a false manner, and (2) as the registration of the establishment of the neighboring apartment of this case was cancelled due to fraudulent act, issued documents necessary for C to cancel the registration of the establishment of the neighboring apartment of this case so that C can sell the apartment of this case, thereby making it impossible for C to execute the Plaintiff’s claim against C.

(2) The Plaintiff suffered damages equivalent to the remainder, which remains after deducting the claim secured by senior collateral, from the actual value of the apartment of this case, due to the above tort by the Defendant ( KRW 56,392,610 = 230,00,000 - KRW 173,607,382).

(3) Therefore, the Defendant is liable to compensate the Plaintiff for the damages and damages for delay.

B. (1) Generally, the infringement of a claim by a third party may constitute a tort, but it does not always constitute a tort, but it should be determined by specifically examining whether the infringement of a claim by a third party does not always constitute a tort, depending on the form of the infringement of a claim. If a third party’s act of reducing a debtor’s liability property makes it impossible or difficult for the creditor to execute or satisfy the claim, it may constitute a violation of a claim. However, it is insufficient to say that the third party’s act is merely involved in the reduction of the debtor’s property to constitute a tort against the creditor, and it is not sufficient to say that the third party is involved in the act of reducing the debtor’s property.

The intention, negligence, and illegality of the claim infringement are caused by the use of illegal means against the social norms with the intention to prevent the exercise of the claim.