1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1...

Facts of recognition

The reasoning for this part of this Court is as follows, except for adding section 6 (4) to section 3 of the judgment of the court of first instance, and therefore, it is identical to the corresponding part of the reasoning for the judgment of the court of first instance.

“The instant provisional disposition” is a provisional disposition prohibiting the disposal of 2014Kadan606 resident support by the Daegu District Court on the instant real estate (hereinafter referred to as “instant provisional disposition”).

() The decision was registered on December 9, 2014, and the registration was cancelled on the grounds of cancellation on December 28, 2015, and on January 6, 2016, the registration was cancelled.). The Plaintiffs asserted that the Defendant: (a) supplied an unincorporated association with no substance for the purpose of seizing the instant real estate owned by the Plaintiffs; (b) filed the instant provisional disposition and lawsuit unfairly; and (c) thereby, the Plaintiffs suffered emotional distress due to financial loss and lawsuit that the Plaintiffs did not lease the instant real estate to others; and (d) accordingly, the Defendant paid the Plaintiffs KRW 21,66,666, and KRW 3 million, respectively.

Judgment

In principle, a suit for registration of ownership transfer is lawful as a means for the realization of the rights or the protection of rights of the citizens guaranteed by the Constitution. However, in a case where an action or a suit is filed with intent to cause harm to the other party without good cause by iceizing the realization of rights or the protection of rights, the intentional act or negligence is recognized, such as infringing upon the other party’s rights or interests or causing pain to the other party without good cause, and where this constitutes a violation of public order and good morals, the illegality is found and constitutes tort (see, e.g., Supreme Court Decision 93Da50116, Sept. 9, 194). The evidence submitted by the Plaintiffs in this case alone by the Defendant as the representative of the clan of this case, thereby infringing on the rights or interests of the Plaintiffs.