A. The plaintiff is the son of the deceased C (Death of January 4, 1964) who is the son of the deceased B (Death of September 2, 1978), and D is the wife of C, and E is the son of D, and her mother is a different son.

B. The ownership transfer registration was completed on August 18, 1981 under D’s name (hereinafter “registration of D name”) and on July 24, 2003, the registration of ownership transfer was completed under E’s name (hereinafter “registration of E name”) in the name of E on May 5, 1969, while the ownership transfer was completed on May 24, 2003.

C. On July 12, 2012, the Defendant completed the registration of creation of a mortgage (hereinafter “mortgage”) around the maximum debt amount of KRW 65 million with the obligor E as the Jeju District Court received No. 54596 regarding the land before subdivision.

The Plaintiff asserted that the registration of D’s name is the invalidation of cause based on a false guarantee certificate, and filed a lawsuit seeking the registration of D’s name and the cancellation of registration of E’s name on October 15, 2013, with respect to the remaining 334/352 shares, excluding the original inheritance shares of D and E, among the land before subdivision, the Plaintiff was subject to a judgment in favor of the Plaintiff on October 15, 2013. The said judgment became final and conclusive on November 6, 2013.

E. On February 11, 2015, the land before subdivision was divided into the land of Article 2 as indicated in the separate sheet, and the present area is the same as each land listed in the separate sheet.

F. The Defendant received full repayment of the secured debt of the instant mortgage.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts of recognition, the right to collateral security in this case was based on the registration in the name of null and void E with respect to the share of 334/352, and the cause is also null and void, and since the preserved claim has ceased to exist due to repayment, the defendant shall be subject to attachment as requested by the plaintiff.