A. On October 31, 2004, the Plaintiff entered into a publication sales contract (hereinafter “instant contract”) with C Co., Ltd. (hereinafter “C”) with the content that the Plaintiff entrusted the publication of C publication and offered real estate as security to guarantee the Plaintiff’s performance of the contract.

B. On February 2, 2001, the Plaintiff completed on February 2, 2001, the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the maximum debt amount of KRW 20,000,000, the debtor, and the mortgagee C as the registry office of the Gwangju District Court, under Article 1805, with respect to B Dae-si, Jeju-si, the Plaintiff owned (hereinafter “instant real estate”).

C. On October 11, 2005, the Defendant received a provisional attachment decision as to the secured claim of this case by Seoul Central District Court Decision 2005Kadan108364, and completed the provisional attachment registration of the secured claim of this case as to the real estate of this case on October 25, 2005, No. 27921, which was accepted on October 25, 2005.

According to the instant contract, only if there is balance on the transaction account book after the Plaintiff deducteds the remaining amount from C after deducting the amount of the remaining book, the Plaintiff’s liability is recognized. On December 31, 2005, the transaction account book that the Plaintiff received from C was KRW 2,606,675, and on the other hand, the amount of the book kept by the Plaintiff in order to return to C was KRW 9,861,225, and thus, the Plaintiff did not have any obligation to C.

Accordingly, the Plaintiff received necessary documents from C to terminate the registration of the establishment of the neighboring mortgage of the instant case.

E. Therefore, since the secured obligation of the registration of the establishment of a mortgage in the nearest mortgage of this case was extinguished, the Defendant, who is the person holding the provisional attachment right, is obligated to express his/her consent on the registration of cancellation of the registration of the establishment

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.