1. The part of the claim for cancellation of registration of relocation registration near the instant lawsuit shall be dismissed;

2. The defendant.

1. We examine the legitimacy of this part of the lawsuit, ex officio, based on the determination as to the legitimacy of the claim for cancellation of registration for the establishment registration of a neighboring mortgage in the lawsuit of this case.

The supplementary registration of the transfer of a right to collateral security is dependent on the registration of the establishment of a right to collateral security and integrated with the principal registration. Therefore, if the obligation to collateral security is extinguished, or if the registration of the establishment of a right to collateral security is null and void, only the cancellation of the registration of the establishment of a right to collateral security, the principal registration, and even if the registration of the establishment of a right to collateral security is not separately cancelled, there is no benefit in filing a lawsuit to seek the cancellation

(See Supreme Court Decision 200Da5640 Decided April 11, 200, etc.). In light of the above legal principles, the Plaintiff asserted that the secured debt of the right to collateral security against which the registration of transfer was made under the name of the Defendant does not exist, and filed a claim for the implementation of the procedures for registration of the establishment of the right to collateral security and the cancellation of the registration thereof. Thus, the Plaintiff did not have a legal interest in filing a claim for the cancellation of the registration of transfer of collateral security other than the establishment of the right to collateral security against the Defendant. Accordingly, the part claiming for the cancellation of

2. Determination on the application for cancellation of registration of the establishment of a neighboring mortgage

A. On August 31, 2005, the Plaintiff indicated the claim 1) 33,223 square meters of land C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) from D on August 31, 2005

(2) At the time of the above sales contract, the Plaintiff and D enter into a kind of repurchase agreement to purchase the instant land, which is to purchase the instant land, with the Cheongju District Court’s Audio Registry No. 25876, Sept. 1, 2005. (2) At the time of the above sales contract, the Plaintiff and D entered into a new repurchase agreement to purchase the instant land, and to guarantee D’s rights under the above agreement, the maximum debt amount of KRW 70,00,000,000 with respect to the instant land as the 32244, Nov. 18, 2005, to ensure D’s rights under the above agreement.