On February 13, 2014, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter referred to as “registration of creation of a neighboring mortgage”) consisting of the obligor E and the maximum debt amount of KRW 150 million, which was caused by the contract, on February 11, 2014. On November 7, 2014, the Defendant terminated the registration of creation of a neighboring mortgage (hereinafter referred to as “registration of creation of a neighboring mortgage”) on the same content as on December 22, 2014, based on the contract concluded on November 14, 2014.

The plaintiffs jointly inherited the instant real estate as they died while they were performing the instant works with the plaintiffs B, C, and the instant other works.

Plaintiff

B and C continued to perform the other construction work, and on May 31, 2015, the new construction work of the apartment was completed.

Plaintiff

B and C dealt with the defects of 1,350 recommended defects from among 1,400 defects received for one year after the completion of new construction works.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 2-1 to 3, Eul's evidence 6, 8-10, and the purport of the whole pleadings

2. Determination

A. The Plaintiffs’ assertion 1) The establishment registration of a mortgage of the instant case does not aim to prevent on-site workers from receiving wages and to secure the completion of the other work, and thus, to secure the repair of defects. Thus, there is no secured debt claimed by the Defendant, and even if not, the secured debt was extinguished by all the repair of defects caused by the defect in the other work. The Defendant’s representative director expressed his intention to cancel the establishment registration of a mortgage of the instant case around the end of May 2016, and thus, the establishment registration of a mortgage of the instant case must be cancelled. 2)