1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. 1) The instant agreement is a condition subsequent to the conclusion that the preserved claim of the instant provisional attachment is not recognized in the future lawsuit on the merits of the case.

(C) The provisional seizure of this case is legitimate, and the provisional seizure of this case is just, and the agreement of this case has no effect on the date of the first instance trial of the court of first instance, stating that the provisional seizure of this case was paid KRW 30 million. However, in the case of this case, the condition of rescission was fulfilled as the preserved claim of this case was not recognized.

B) As long as the decision of revocation of this case was made in accordance with the lawsuit against the Defendant in the merits, the execution of the provisional seizure of this case is also null and void pursuant to Article 137 of the Civil Act) Ultimately, the Defendant gains without any legal cause the profit equivalent to KRW 30 million, and incurred a loss equivalent to the same amount to the Plaintiff. As such, the Defendant shall return the above KRW 30 million to the Plaintiff as unjust enrichment.

2) As to the claim amounting to KRW 437,200, the Defendant gains profit equivalent to KRW 437,200,00 paid by the Plaintiff for the cancellation of the registration of the instant case, and thereby inflicted damages equivalent to the same amount on the Plaintiff, the Plaintiff should return the said KRW 437,200 to the Plaintiff as unjust enrichment. (B) As to the claim amounting to KRW 30,000,000, depending on whether the occurrence or extinguishment of the legal act has occurred in the future uncertain fact, the terms of the claim amounting to KRW 337,200,00 should be determined depending on whether the legal act has become effective

The intention to attach the condition shall be indicated on the external part of the legal act, and the intention to attach the condition shall be expressed.