1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 31, 2016, B entered into a contract with the Defendant to remove the said goods for a total of 256,493,160 won, siren deposit amounting to 41,570,760 won, monthly siren feeing KRW 7,124,810, and 36 months for a siren period.

B. B, in order to secure the Defendant’s rental fee liability, etc., the registration of the establishment of a neighboring apartment was completed in the Defendant’s future, but additional security was required due to the lack of collateral value due to prior mortgage, etc.

C. On September 2, 2016, upon B’s request, the Plaintiff completed on September 2, 2016 the registration of creation of a neighboring mortgage of the debtor B and the maximum debt amount of KRW 70 million (hereinafter “the registration of creation of a neighboring mortgage of this case”) with respect to the apartment as indicated in the [Attachment] owned by the Plaintiff in order to guarantee the preservation of the property of the Defendant B’s liability for the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. The Plaintiff’s assertion B paid a rental fee of KRW 71,248,100 to the Defendant since the date of establishment of the instant right to collateral security, which exceeds the maximum debt amount of KRW 70,000,000, and thus, the secured debt of the instant right to collateral security was extinguished.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the creation of the nearby mortgage of the instant case on the ground of the extinguishment

3. According to the facts as seen earlier and the grounds for recognition, and the purport of the entire pleadings in the evidence Nos. 6 and 7, prior to the determination, the Plaintiff completed the registration of the establishment of a neighboring mortgage of the instant case of KRW 70 million on September 2, 2016, which was the property to secure another’s property to secure another’s property to secure another’s rental loan against the Defendant. The fact that B paid to the Plaintiff a rental fee of KRW 78,372,910 in total from September 20, 2016 to August 2017 is recognized.

However, this case between the plaintiff and the defendant after the establishment registration of the neighboring mortgage of this case.