1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 10, 2016, the Plaintiff concluded a contract with C on October 30, 2016, setting the construction cost of the multi-household new housing construction project at D, as KRW 528 million, and the completion date of the completion of the construction project, and C concluded a contract with the Defendant on May 28, 2016, by setting the amount of KRW 90 million as the construction cost of the said construction project.

B. On December 20, 2018, the Defendant filed an application for provisional attachment with the Suwon District Court (2018Kadan52656) against the Plaintiff on the land of this case as the claim amounting to KRW 90,000,000,000 for the said construction cost, which was owned by the Plaintiff (hereinafter “instant land”). On January 30, 2019, the said court rendered a ruling of provisional attachment of the instant land on January 30, 2019.

(hereinafter “instant provisional seizure”) C.

On July 9, 2019, the Defendant filed a lawsuit against the Plaintiff for the payment of the said construction cost of KRW 90 million and damages for delay thereof with the Suwon District Court rendered an order to dismiss the Defendant’s claim on March 13, 2020, but the said judgment became final and conclusive on April 1, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Although preservative measures such as a provisional attachment or a provisional disposition on occurrence of liability for damages are executed by the court's judgment, whether there exists a substantive claim is entrusted to the lawsuit on the merits and is merely subject to the creditor's responsibility by vindication. Thus, if the execution creditor loses the lawsuit on the merits after such execution, it is presumed that the execution creditor was intentional or negligent with respect to the damage incurred by the debtor due to the execution of such preservative measures, unless there is any special counter-proof as to the damage incurred by the execution, and therefore, he/she is liable

(See Supreme Court Decision 92Da8453 delivered on September 25, 1992, see Supreme Court Decision 92Da8453 delivered on September 25, 199.