A. On June 24, 2015, the registration office of the Incheon District Court completed the registration of creation of a mortgage over the maximum debt amount of KRW 100 million, as the registration office of the Incheon District Court received on June 24, 2015, regarding the real estate stated in the purport of the claim (hereinafter “instant real estate”).

(B) The right to collateral security (hereinafter referred to as the “instant right to collateral security”) on which the said registration is indicated.

On June 26, 2015, the Plaintiff transferred KRW 47 million to the Defendant on the same day upon the request of the Plaintiff, and KRW 47 million to the Defendant on the same day.

C. On August 26, 2015, the registration office of the Incheon District Court revoked the registration of the establishment of the neighboring mortgage of the instant case as No. 48538.

The Defendant found the registry of the registration of the establishment of a new mortgage in the vicinity of the instant case and requested the cancellation of the above registration to the certified judicial scrivener office. The F, which was the cause of the said certified judicial scrivener office, called the number provided by the Defendant, confirmed the Plaintiff’s resident registration number, address, and intent of termination of the right to collateral security from the currency counterpart female, and dealt with the registration of cancellation of the instant right

【Non-contentious facts, Gap’s 1, 3, 4, Gap’s 2-2, witness F’s testimony, and the purport of the whole pleadings

2. The assertion;

A. Since the Plaintiff’s right to collateral security in this case was cancelled unfairly by the Defendant without the Plaintiff’s consent, the Defendant should implement the procedure for registration of cancellation of the registration of establishment of collateral security in this case to the Plaintiff.

On June 26, 2015, the Plaintiff paid KRW 100 million to the Defendant three months after the due date for payment, and thereafter lent the amount at 24% per annum (deduction of KRW 6 million with the interest of three months prior to the due date). As such, the Defendant is obliged to pay the amount of KRW 100 million and interest in arrears to the Plaintiff.

B. It is insufficient to prove the circumstances that the registration of cancellation of the instant right to collateral security was null and void, and even if there is a problem in the registration procedure for cancellation of the right to collateral security, the Defendant and the Intervenor fully repaid the secured obligation as follows.