Whether the parties can register cancellation of the right to collateral security if they voluntarily registered cancellation of the right to collateral security.

If a party registers cancellation voluntarily, it is impossible to register cancellation, and the plaintiff's claim seeking to the defendant Republic of Korea to express his/her consent to the registration of restoration of each of the registration of creation of collateral security in this case is without merit without examining further.

1. The plaintiff's lawsuit against the defendant ○○ case is dismissed.

2. The plaintiff's claim against the defendant Republic of Korea is dismissed.

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

As to Defendant ○○ Construction Co., Ltd.: Defendant ○○ Construction Co., Ltd. will implement the procedure for each of the registration of the completion of the registration of the establishment of a neighboring mortgage completed by the registration office of ○○ District Court ○○○ registry office 1494, Jan. 14, 2005, which was cancelled on August 9, 2004, and the registration of the establishment of a neighboring mortgage completed by No. 30527, Jan. 14, 2005 by the registration office of 1495, which was cancelled on January 14, 2005.

For Korea, the Republic of Korea shall make an expression of consent on the registration of recovery of the establishment of a neighboring mortgage registered under the above subparagraphs.

1. Basic facts

The following facts shall be deemed to have been led by the same defendant pursuant to Article 150(1) of the Civil Procedure Act between the plaintiff and the defendant corporation, and the plaintiff and the defendant corporation shall be deemed to have led to confession. They may be acknowledged by adding up the whole purport of the arguments to each of the statements mentioned in subparagraphs 1 through 4 (including each number), witness rights ○○○ and testimony of the former ○○○○○.

A. As to the real estate indicated in the separate sheet (hereinafter, “the instant real estate”) owned by Defendant ○○○ building Co., Ltd. (hereinafter, Defendant ○○○ building”), the registration of the establishment of a neighboring mortgage (hereinafter, “the creation of a first neighboring mortgage”) was completed on August 17, 2004 with the maximum debt amount of KRW 195,00,000 (the maximum debt amount of KRW 156,00,000) as the receipt of August 9, 2004, with the maximum debt amount of KRW 195,00,000,000, the debtor, ○○○○○ building Co.,, Ltd., Ltd. (hereinafter, “○○○○ building”). The registration of the establishment of a mortgage (hereinafter, “the creation of a mortgage”) was completed on the same 150,000,000 won as the maximum debt amount of KRW 30527,000,000, the debtor, Defendant ○○○○○○ Co. (hereinafter,○○○”).

B. As to the real estate of this case, ○○ Bank filed a voluntary application for auction based on the first collateral mortgage of this case on October 27, 2004 and the decision of commencement on October 29, 2004 (○○ District Court No. 2004Ma60637), the entry registration was completed on October 29, 200, and ○○ Petroleum Co., Ltd (hereinafter “○○ Petroleum”) filed an application for provisional attachment with ○○ District Court No. 2004Kadan4100 on ○○ District Court No. 2004Kadan4100 on 19, 2004 on the claim of KRW 19,918,061 as the preserved right, and the provisional attachment registration was completed on October 29, 2004.

C. In the meantime, the Plaintiff, a representative director of ○ Energy, recommended the acquisition of the instant real estate on condition that ○○○, which was a site site store of ○○○ Bank, repays various debts related to the instant real estate, and entered into an agreement with ○ Bank on November 7, 2004 (hereinafter the instant agreement) with the following contents.

(1) At the request of the ○ bank, the Plaintiff will take over the instant real estate (the acquisition price is replaced by the partial succession of ○○ Bank’s obligations to the ○○ Bank, the seized claim of ○○ Tax, and the obligation to ○○ Energy).

(2) Although the instant real estate is currently in progress by ○○○ Construction and is currently in progress by ○○ Bank as of January 5, 2005, the Plaintiff acquired ownership, and thereafter, paid 120,000,000 won of the loan principal borne by ○○○ Bank to ○○○ Bank by January 5, 2005, and requested withdrawal of the voluntary auction, ○○ Bank shall immediately withdraw the voluntary auction. If the principal cannot be repaid by January 5, 2005, ○○ Bank shall immediately withdraw the voluntary auction.

(3) If the Plaintiff redeems ○○○○ Bank the full amount of KRW 120,00,000 to the principal of the loan of ○○○○○○○ Bank, ○○ Bank immediately terminates the creation of the first class mortgage of this case.

(4) The ○○ Bank shall cooperate to the maximum extent possible with respect to the instant real estate (such as claims managed or provisionally seized in connection with Defendant ○○○○○○ Claim) so that ○○ Energy, the second collateral mortgagee of the instant case, can receive dividends.

(5) In a case where the amount of money distributed to ○ Energy after deducting the senior credit amount as a result of the voluntary auction due to the normal sale by the Plaintiff’s failure to take place until March 31, 2006 falls short of the transfer cost of ownership, ○ Bank shall preferentially deduct the difference (total sum of expenses for ownership transfer, ○○ Energy dividend) from the dividend amount to be received by the Plaintiff and pay the Plaintiff the difference to the Plaintiff. If the instant real estate is not sold by March 31, 2005, it shall be deemed that the Plaintiff acquired the instant real estate including the transfer cost.

(6) If an additional legal procedure is recorded in the Plaintiff, prior to the completion of the transfer of ownership, imposing restrictions on ownership other than the time mortgage and seizure and provisional seizure recorded as of November 14, 2004, the effect of this Convention shall be null and void.

D. (1) Accordingly, on November 18, 2004, on the instant real estate, the registration of ownership transfer was completed in the Plaintiff’s future on the grounds of sale and purchase on November 12, 2004, and on December 15, 2004, the registration of provisional attachment for ○○ Petroleum was revoked.

(2) On January 7, 2005, the Plaintiff paid 120,000,000,000 won to the ○○○○○○○ Bank as the repayment of the above debt to the Defendant○○○○○○○ Bank, 50,000,000 won as the repayment of the above debt to the Defendant○○○○○○○○○ Fishery, and 10,000,000 won as the payment of the above debt to the Defendant○○○○ Petroleum.

(3) Accordingly, on January 14, 2005, ○○ Bank and ○○ Energy implemented the registration procedure for cancellation of each of the instant collateral mortgages on the ground of termination on January 7, 2005 (In addition, ○○ Bank withdrawn the above voluntary auction application on January 13, 2005).

2. The plaintiff's assertion

A. The amount of national taxes in arrears with the effect of the above seizure by ○○ Tax Office is KRW 41,489,280, and the Plaintiff concluded the instant agreement and repaid each of the above obligations with respect to Defendant ○○○ Bank and ○○ Energy. Accordingly, ○○ Bank and ○○ Energy cancelled the registration of the establishment of each of the instant neighboring areas. As a result, it was revealed that the amount of national taxes in arrears with the effect of the above seizure exceeds KRW 153,530,252 in addition to the above amount, and the amount of national taxes in arrears with the effect of the above seizure was also 153,530,252.

B. As above, the existence of additional amount of national taxes in arrears is the same as the registration of an additional legal procedure that imposes restrictions on ownership as stipulated in paragraph (6) of the instant Convention. Thus, the instant agreement became free of charge as stipulated in the said paragraph.

In addition, the Convention is based on the premise that the amount of national taxes in arrears is equal to that of the former ○○○○○○, and that there is no additional amount, and thus, it was concluded due to mistake as to the important portion of the juristic act of the Plaintiff and ○○○ Bank. Therefore, it shall be revoked by the delivery of the duplicate of the instant complaint. In addition, the sales contract between the Plaintiff and the Defendant ○○○○○ case, which was made by means of the transfer of ownership pursuant to the Convention,

C. Furthermore, as above, following the Plaintiff’s repayment of each of the above obligations of Defendant ○○○○ Bank and ○○ Energy, the Plaintiff’s completion of the registration of cancellation of the registration of the establishment of the establishment of the establishment of the establishment of each of the instant neighborhood on the ground of the termination of each of the instant collective security contract. As such, the Plaintiff’s completion of the registration of cancellation of the establishment of the establishment of the establishment of the establishment of the establishment of the creation of the instant neighborhood on the ground of the termination of each of the instant collective security contract. As such, the Plaintiff’s delivery of the instant complaint by subrogation of ○ bank and ○○ Energy, and the Defendant’s declaration of consent to

3. Determination

A. Determination on the claim against Defendant ○○ case

ex officio, the claim for the registration of the restoration of the establishment of a new mortgage shall be filed against the owner at the time when the registration of the establishment of a new mortgage was cancelled (see Supreme Court Decision 68Da1617, Mar. 18, 1969). Since the owner at the time of the cancellation of the establishment of a new mortgage of this case is not the defendant ○○ building but the plaintiff, the fact that the owner at the time of the cancellation of the establishment of a new mortgage of this case is the plaintiff is not the defendant ○ building, the claim for the registration of the restoration of the establishment of a new mortgage of this case against the defendant ○ building of this case

B. Determination on the claim against Defendant Republic of Korea

In this regard, the registration of cancellation under Article 75 of the Registration of Real Estate Act refers to a registration which has the same effect as that of cancellation retroactively at the time of cancellation in cases where any registration is entirely or partially cancelled, and it refers to a registration which has the same effect as that of cancellation retroactively at the time of cancellation in cases where the cancellation is cancelled, regardless of the procedural defect, the cancellation registration or other disposition becomes null and void in this context means a case where the cancellation registration or other disposition is made for a substantive reason. Therefore, if a party voluntarily made a cancellation registration, it shall not be allowed to make a registration of cancellation (see, e.g., Supreme Court Decision 89Meu5673, Jun. 26, 1990). Even according to the Plaintiff’s assertion, the registration of cancellation is not permissible, as ○ bank and ○○ Energy voluntarily cancelled the

Therefore, the plaintiff's claim seeking the defendant Republic of Korea to express his/her consent to the restoration registration of each of the instant collateral mortgages on behalf of ○○ Bank and ○○ Energy on behalf of ○○ Bank and ○○ Energy is without merit.

4. Conclusion

Therefore, the plaintiff's lawsuit against the defendant ○○ case is dismissed as it is unlawful, and the claim against the defendant Republic of Korea is dismissed as it is without merit. It is so decided as per Disposition.