A. On November 13, 2006, No. 35768, Nov. 9, 2006, C filed a registration of the establishment of a collateral security right with respect to the area of 191 square meters in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Daejeon District Court rendered a registration of the establishment of a collateral security right B with respect to the area of 25,00,000 won, the debt C, and the mortgagee’s neighboring mortgage-holder B with respect to the area of 1,908 square meters in the 1,000 square meters in the ASEAN-si, Chungcheongnam-si, the Daejeon District Court rendered a registration of the establishment of a collateral security right with respect to the area of 150,000,000,000 won, and the debtor C and the debtor C arising from the contract on the establishment of a collateral security right on March 27, 2007.

B. However, the contract to establish a right to collateral security on November 9, 2006 and the contract to establish a right to collateral security on March 27, 2007 are null and void as a false declaration of agreement, and the Defendants are obligated to implement the registration procedure for cancellation of each registration of the right to collateral security. The Plaintiff, as a national tax creditor of the insolvent C, seeks the Defendants to implement the registration procedure for cancellation by subrogation of C as a national tax creditor of the insolvent C.

2. Determination as to the claim against Defendant A

A. In the event that the Plaintiff claims that his claim is invalid as a false declaration of conspiracy, the Plaintiff is liable to prove the facts constituting the cause of the disturbance, and the intention and indication of the declaration of intention are not different in order to establish a false declaration of intention, and there is an agreement with the other party

(see, e.g., Supreme Court Decision 2012Da2666, Apr. 13, 2012). (B)

In light of the above legal principles, in light of the statement Nos. 1 and 2 of Eul, it is insufficient to conclude that the contract to establish a right to collateral security between defendant A and C is a false declaration of conspiracy on March 27, 2007. The plaintiff's assertion based on the premise is without merit, since there is no other evidence to acknowledge it.

3. Judgment based on a confession made as to the claim against Defendant B (Article 208(3)2 of the Civil Procedure Act)

4. Thus, the plaintiff's claim against the defendant B is justified.