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. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional judgments, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff asserts that the plaintiff knew that he planned to build a new house with respect to each real estate of this case, and thus, the plaintiff knew or could have known that the provisional seizure of this case would cause damage to the plaintiff.

However, there is no evidence to deem that the brief No. 9-2 prepared by the Defendant was prepared after the decision of provisional seizure of this case, and that the Defendant was aware of the Plaintiff’s business plan at the time of receiving the decision of provisional seizure of this case.

Even if it is not so, if the defendant knew or could have known the plaintiff's special damage, he should have known or could have known that the plaintiff planned a new house construction project, that the plaintiff was paying interest on the loan in the course of the project, and that the execution of the loan of the construction fund was suspended due to the provisional seizure of this case. There is no evidence to acknowledge this.

The plaintiff's above assertion is without merit.

B. In addition, the plaintiff asserts that the defendant not only interfered with the exercise of rights by unfairly executing provisional seizure against the plaintiff, but also lost in the first instance court by filing a lawsuit claiming restitution of unjust enrichment, and that the appeal and the appeal should be made, and that the plaintiff should be compensated for mental damage suffered by the plaintiff due to such unfair

The mental suffering suffered by the other party due to a series of unfair lawsuits, such as an application for provisional seizure, a filing of a lawsuit on the merits, etc., shall normally be restored by winning in the relevant lawsuit and the revocation of such provisional seizure, etc., and shall also be restored to winning in the lawsuit on the merits or the revocation of provisional seizure.