1. The plaintiff's claim is dismissed.

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

Basic Facts

A. As to the instant land owned by the Plaintiff, the Daejeon District Court Daejeon District Court (hereinafter “Seoul Daejeon District Court”) completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 225 million, the debtor D, and the mortgagee E, as the Daejeon District Court No. 53566, Aug. 24, 2006.

B. After December 8, 2006, with regard to the registration of the establishment of the creation of the neighboring mortgage of this case, the registration of the transfer of the right to collateral security to F was completed due to the transfer of the finalized claim as of December 1, 2006, No. 79999, Dec. 1, 2006.

C. Since then, with respect to the registration of the establishment of the mortgage of the above F, ① the amount of transfer on July 26, 2007, No. 47352, which was received on July 26, 2007, KRW 60,000,000,000 for transfer on July 19, 2007, the additional registration of partial transfer of mortgage to the mortgagee G was completed as of October 19, 2010, and ② the South Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Registry as of October 19, 201, and the additional registration of partial transfer of mortgage to the Defendant was completed as of October 12, 2010.

[Ground of recognition] A without dispute, entry of Gap evidence 1, plaintiff's assertion of the purport of whole pleadings

A. D, with the Plaintiff’s seal imprint certificate and seal imprint certificate, completed the establishment registration of the instant neighboring land to E without the Plaintiff’s consent.

Therefore, the registration of the establishment of a neighboring mortgage of this case is null and void.

B. As the secured debt of the instant right to collateral security, D’s debt does not exist, the instant right to collateral security is null and void.

C. Therefore, the defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case to the plaintiff.

Judgment

Since the establishment registration of a neighboring mortgage in the instant case is presumed to have been duly made, the opposing fact is that the owner requesting the cancellation of the registration on the ground that the registration is null and void.