A. On March 30, 2007, E completed the registration of the establishment of chonsegwon up to 25,000,000 won for the second floor of 9.00 square meters (hereinafter “second floor of the instant building”) among the real estate listed in the attached list (hereinafter “instant building”) on the Defendant on December 30, 207, with the term of 25,000,000 won for lease on a deposit basis, and as of December 30, 2008.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

F on March 11, 2008, with the amount claimed as KRW 40,728,249 in order to preserve claims, such as loans, etc. against the Defendant, the F made a registration of provisional seizure against the Defendant E with the Cheongju District Court Decision No. 2008Kadan174 decided Cheongju District Court Decision 2008Kadan174 decided

(hereinafter referred to as “instant provisional seizure”). C.

E on September 14, 2010, the Plaintiff (hereinafter referred to as “Plaintiff”) completed the registration of ownership transfer on the instant building on the grounds of sale as of September 13, 2010. D.

The F received KRW 30,00,000 from E on October 14, 2010, and the F cancelled the registration of the provisional seizure of this case to the Defendant on the 15th of the same month.

E. On June 23, 2015, the Plaintiff sold the instant building to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”) and completed the registration of ownership transfer on June 26, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 6 through 8 (including each number; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The registration of the establishment of the right to lease on a deposit basis of the Plaintiff’s assertion by the parties is null and void as it was made without any secured obligation.

Even if the registration of the establishment of chonsegwon was made in order to secure the obligation to the Defendant, E, on October 14, 2010, agreed with the Defendant to pay KRW 30,000,000 to F out of the loan credit against the Defendant on behalf of the Defendant on October 14, 2010, and paid KRW 30,000,00 to F.

Therefore, this case.