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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.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following ‘2. Additional determination' as to the assertion that the plaintiff emphasizes or adds to this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. In order to preserve the claim for reimbursement against B, the Plaintiff’s conjunctive assertion was rendered a provisional attachment on the land and building that B would have been placed against the Defendant in the future due to reconstruction of the instant real estate, and the Defendant, on February 21, 2006, entered into a settlement with B and cash without any reasonable grounds despite being served with the original copy of the decision of provisional attachment on February 21, 2006. Since the Plaintiff received a registration of ownership transfer on the instant real estate from B and made a dance on the said provisional attachment, the Defendant shall compensate for damages against the Plaintiff’s infringement on the Plaintiff’s claim for reimbursement against B.
B. Generally, the infringement of a claim by a third party may constitute a tort, but the infringement of a claim by a third party does not always constitute a tort, but the establishment of a claim should be determined by specifically examining the form of the infringement of a claim. If a third party’s act of reducing a debtor’s liability property makes it impossible or difficult for the creditor to execute or satisfy the claim, it may constitute a violation of a claim. However, it is insufficient to say that the third party’s act is merely involved in the reduction of the debtor’s property to constitute a tort against the creditor, and that the third party actively conspired with the debtor with the knowledge of the existence of the creditor against the debtor and the infringement of the claim.
In order to prevent the exercise of claim, the intention, negligence and illegality of the infringement are recognized.