2. The plaintiff's claim against the defendant D is dismissed.

3...

A. On October 8, 2012, the Plaintiff completed the registration of the establishment of a mortgage on the claims stated in the purport of the claim on the ground that the contract was concluded against Defendant D on the instant land, with the maximum debt amount of KRW 92,400,000, and the debtor as the Plaintiff.

B. Defendant C is the father of Defendant D.

[Ground for recognition] Unsatisfy, Gap evidence 1

2. Since the Plaintiff’s assertion was fully repaid the secured debt of the instant mortgage, the Defendants are obligated to implement the registration procedure for cancellation of the establishment registration of the instant mortgage.

3. Determination

A. We examine whether this part of the lawsuit against Defendant C is lawful ex officio by examining the legitimacy of the lawsuit against the Plaintiff.

In other words, a lawsuit against a person who is not a person liable for registration, who loses his right or is not a person who is not a person (the title holder of registration or his general successor) due to the registration in the form of the registry, is an unlawful lawsuit against a person who is not a party.

Therefore, the Plaintiff’s lawsuit against Defendant C is unlawful as it is against a person without standing to be a party.

B. The evidence presented by the Plaintiff, including evidence Nos. 1, 4, and 12, as to the claim against Defendant D, is insufficient to acknowledge the Plaintiff’s assertion. The Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge it.

4. In conclusion, the plaintiff's lawsuit against the defendant C is unlawful and dismissed, and the claim against the defendant D is dismissed as it is without merit. It is so decided as per Disposition.