1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. Upon the instant claim, the Plaintiff: (a) ordered the Plaintiff to perform civil engineering works and pelvis construction works among the projects in Daegu Metropolitan City, Daegu Metropolitan City, upon receiving a contract for the instant construction works; (b) on May 10, 2014, the Defendant provided the instant construction works (hereinafter “instant construction”); (c) around June 2014, the Plaintiff provided the instant construction works with a security of KRW 100 million; and (d) the Plaintiff created a collateral security (hereinafter “instant collateral security”) with a resident settlement support from the Daegu District Court No. 1529 on June 26, 2014 (hereinafter “instant collateral security”) with respect to the instant real estate, but the Defendant did not actually lend KRW 100 million to the Plaintiff thereafter; and (e) accordingly, the instant collateral security right ought to be cancelled as the secured obligation.

(B) The plaintiff asserts that the right to collateral security of this case was to secure damages incurred during the construction of this case, even if the right to collateral security of this case was to secure the damages incurred during the construction of this case, the plaintiff's claim contains the purport of repaying the liabilities finalized during the plaintiff's claim and seeking cancellation of the above registration.

Where the ownership of the real estate is transferred to a third party after the establishment of the right to collateral security, the current owner may request the cancellation of the registration of establishment of the right to collateral security on the basis of his own ownership, but the former owner, as a party to the right to collateral security contract, has a contractual right to seek cancellation of the registration of establishment of the right to collateral security based on such contractual right.