1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The deceased K (hereinafter “the deceased”) filed an application for provisional seizure of real estate with the claim for construction price claim amounting to KRW 40,000,000 against the Plaintiff as the Gwangju District Court 96Kahap828, Jun. 27, 1996, by applying for provisional seizure of real estate as the claim for construction price claim against the Plaintiff.

B. After the provisional attachment, the Deceased filed a lawsuit against the Plaintiff for the claim for construction cost under the Gwangju District Court 96Gahap3129, but appealed upon the dismissal decision, which was the appellate court, and on July 28, 1997, the Gwangju High Court 97Na2763 (97s900) through the Gwangju High Court 97Na2763 (9700), which was the appellate court, decided as a substitute for the conciliation that “the Plaintiff shall pay to the Deceased 25 million won and the amount equivalent to 25% per annum from September 1, 1997 to the full payment date,” which was finalized on August 15, 1997.

C. On March 25, 1998, the Deceased withdrawn a request for auction on May 1, 1999, when he received a decision to commence a compulsory auction against the Plaintiff’s real estate by the pertinent compulsory adjustment L of the said compulsory adjustment.

The Deceased died on January 20, 201, and the Defendants are the wife and children of the Deceased.

E. On July 9, 2013, the Plaintiff filed an application against the Defendants for revocation of the said provisional seizure with the Gwangju District Court’s 2012Kahap534, and the said court rendered a decision to revoke the said provisional seizure on the grounds that ten years have elapsed since the withdrawal of the said application for compulsory auction, and that there was no obstacle to the execution of the said provisional seizure.

F. The Defendants filed an immediate appeal with the Gwangju High Court 2013Ra78 against the above revocation ruling, and filed an application for the suspension of validity of the above revocation ruling with the Gwangju District Court 2013Karo326, July 30, 2013, before the execution of the above revocation ruling, and received a decision to suspend the validity of the above revocation ruling from the above court on or around July 30, 2013, and subsequently, conducted a compulsory auction for the Plaintiff’s real estate with the title of execution for the decision in lieu of the final conciliation in the main case of the above provisional attachment decision.