1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

1. Basic facts

A. On November 4, 2010, the registration office of Changwon District Court was received on November 4, 2010, No. 4832 of the building No. 101, 1506, the building E (hereinafter “the instant real estate”) and the registration of the establishment of a neighboring mortgage to Defendant D (hereinafter “registration of establishment of a neighboring mortgage”) was completed.

B. On September 21, 201, Defendant C, who has a credit and loan claims against Defendant D, agreed to receive the instant collateral security and the secured debt from Defendant D in order to secure the said credit, and completed the supplementary registration of the transfer of the right to collateral security (hereinafter “instant supplementary registration”) with the mortgagee C on the ground of the transfer of the contract and the registration of the establishment of the right to collateral security (hereinafter “instant additional registration”).

[Ground of recognition] Evidence No. 1, No. 3, and No. 6, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) regarding the instant real estate owned by the Plaintiff as to KRW 120 million, which is the difference between the amount already paid by the Plaintiff, as the Plaintiff received KRW 200 million from Defendant D, a transferor of November 2010, and the difference between the amount paid by the Plaintiff, was completed on November 4, 2010, with Defendant D as to the instant real estate owned by the Plaintiff. Since the Plaintiff fully repaid the amount exceeding KRW 120 million by September 6, 201, Defendant D transferred the said mortgage to Defendant C on September 21, 2011, the Defendants should cancel the additional registration of the establishment and the transfer of the mortgage registration.

(2) Defendant C’s assertion still remains the Plaintiff’s financial obligation against Defendant D. As the Plaintiff received or consented to the agreement on the assignment of claims and the transfer of right to collateral security between the Defendants, the foregoing registration of the establishment of a neighboring mortgage and the transfer of collateral security remains valid.

B. (1) The supplementary registration prior to the right to collateral security is dependent on the registration of the establishment of a neighboring principal registry, which is the existing principal registry, and thus, constitutes a whole of the principal registration, and the secured obligation is extinguished.