1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

1. The claim for this part of the claim that, in the event that C pays only KRW 50,00,000 out of the debt owed by C to the Defendant for the determination of the cancellation claim under the agreement, the Defendant agreed to cancel the registration of the establishment of the creation of the creation of the creation of the creation of the creation of the existing area of this case, the first instance court's finding of facts and determination are justifiable even if the witness C's testimony was presented in the

Therefore, this part of the judgment of the court is identical to the reasoning of the judgment of the court of first instance, and this part of the judgment is cited in accordance with the main sentence of Article 420 of

2. Determination on the claim for cancellation based on the status of the surety (preliminary claim)

A. According to Party A’s evidence and the purport of the entire argument as to the cause of the claim, it is recognized that the Plaintiff paid KRW 39,00,000 to the Defendant from August 18, 2009 to December 6, 2013, and the surety’s property to secure property right to collateral security may file a claim for cancellation of the registration of creation of a neighboring mortgage if only the maximum debt amount is repaid.

(see Supreme Court Decision 74Da998, Dec. 10, 1974). However, a debt repayment is not the duty of prior to the cancellation of the registration of creation of a mortgage, and is not in the concurrent performance relationship with the repayment of the debt (see Supreme Court Decision 69Da1173, Sept. 30, 1969). The Plaintiff’s claim for simultaneous performance can be interpreted as including the purport of seeking the cancellation of the registration of creation of a mortgage of this case after receiving the finalized secured debt and seeking the cancellation of the registration of creation of a mortgage of this case.

Therefore, the Defendant, upon receiving from the Plaintiff the remainder of KRW 11,00,000, excluding the remainder of KRW 39,000,000 that has already been repaid by the Plaintiff at the maximum debt amount of KRW 50,000,000, is obligated to implement the registration procedure for cancellation of the establishment registration of the neighboring real estate of this case

B. The defendant's assertion is based on the premise that the plaintiff is not the principal debtor, but the principal debtor, and C is the actual owner of the real estate of this case, and the plaintiff is entitled to make a full payment of the debt.