1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. As to the size of D orchard 1,917 square meters when Defendant B permanently resides in the Plaintiff.

1. Facts of recognition;

A. On January 11, 2002, Defendant C purchased 5,434/66,840 shares of D orchard 1,917 square meters (hereinafter “the instant land”) in a permanent auction procedure at a time of residence.

After that, the above shares of Defendant C were transferred to E on March 11, 2003 due to the division of the common property.

B. As to the above portion of Defendant C’s share with respect to the instant land, around December 26, 2002, the registration of the establishment of a neighboring mortgage was completed as of December 26, 2002 by the debtor C, the mortgagee B, the maximum debt amount of Defendant B, and the maximum debt amount of 70 million won.

(hereinafter referred to as “the establishment registration of a neighboring district of this case”). 【The ground for recognition / [the ground for recognition] of no dispute, entry of Gap evidence 1 (including provisional number), and the purport of the whole pleadings.

2. A lawsuit seeking the cancellation of registration against a person who is not a person (the title holder of registration or his/her general successor) who loses his/her right or is not a person who is not a person (the title holder of registration or his/her general successor) upon ex officio determination as to the legitimacy of the lawsuit against Defendant C is an unlawful lawsuit against a person who is not a party.

(2) The Plaintiff’s lawsuit against Defendant C is unlawful as it is against a non-party who is not a party to the lawsuit. The Plaintiff’s lawsuit against Defendant C is unlawful, since the Plaintiff’s obligor for registration of the establishment of a neighboring mortgage of this case, seeking the cancellation thereof, is the Defendant B, not the Defendant C.

3. The judgment on the claim against Defendant B is a mortgage created by setting only the maximum amount of the obligation to be secured and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act), which is established to secure a certain limit from a continuous transactional relationship to a certain extent. As such, there is a legal act establishing a secured claim of the right to collateral separately from the act of establishing the right to collateral, and the secured claim of the right to collateral at the time the right to collateral is established.