1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On September 12, 2006, C, the owner of the instant real estate, as the gist of the Plaintiff’s assertion, completed the registration of establishment of the ownership of the instant real estate that the Defendant was a mortgagee. However, the said registration constitutes registration of invalidity of cause, since the said registration was fully repaid the secured obligation or extinguished by prescription.

Accordingly, as long as the plaintiff, who is the creditor of the above C, seeks to cancel the registration of the establishment of the mortgage of this case on behalf of C, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the

2. Determination

A. The facts of recognition 1) The Defendant’s husband, who was the Defendant’s husband, lent KRW 1 million to Nonparty E without setting the due date for repayment on November 2001, and KRW 3 million around March 2002, and around January 2004 and around March 2004, the Defendant subrogated for KRW 8.5 million in total to the above Party’s net Chang Chang Agricultural Cooperative. 2) The Plaintiff, the owner of the instant real estate, was the above E, and C jointly and severally guaranteed the above 12.5 million loans and the indemnity liability against the E.

3) Meanwhile, the Defendant and D shared the agreement on December 10, 2004. At the time, D transferred the above loans and claims for reimbursement against E under the pretext of division of property and consolation money. 4) On September 11, 2006, C concluded, upon the Defendant’s request, a contract to establish the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate with the content that the mortgagee created the right to collateral security (hereinafter “instant right to collateral security”) with the Defendant and the maximum debt amount as KRW 15 million, and completed the establishment registration of the instant right to collateral security on the 12th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

B. Determination of the claim for cancellation of the registration of the establishment of a mortgage on the ground of repayment is based on whether the secured debt of this case was extinguished by repayment.