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

2. The plaintiff's claim for the viewing by the defendant is dismissed.

3...

1. Basic facts

A. On June 21, 2012, the Plaintiff completed the registration of creation of a collateral security right (hereinafter “registration of the instant collateral security right”) with regard to the real estate indicated in the attached list, which was owned by Defendant B, with Article 62368 of the Incheon District Court’s receipt of support from the Busan District Court, which was KRW 25 million with respect to the Plaintiff and the maximum debt amount.

B. On January 21, 2014, for the execution of KRW 6,604,230 of the taxation claims against Defendant B, Defendant He had seized the secured debt of the instant mortgage registration. Accordingly, on January 23, 2014, the registration of the seizure of the secured debt in the name of Defendant Heung Broadcasting and the registration of the instant secured debt was completed in relation to the registration of the instant secured debt under the name of the Incheon District Court was received on January 23, 2014.

C. The Plaintiff asserted that the secured claim of the instant right to collateral security was extinguished by repayment at the end of January, 2014, and filed a lawsuit against Defendant B seeking cancellation of the instant registration of collateral security (hereinafter “instant prior lawsuit”) with the Incheon District Court Branch Decision 2015Kadan25282.

As Defendant B did not submit a written reply in the preceding lawsuit, the above court rendered a favorable judgment in favor of the Plaintiff ordering the cancellation of the registration of the instant collateral security registration on the ground of repayment on January 31, 2014 of the secured debt by pleadings on April 28, 2016. The above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the lawsuit against Defendant B is lawful, the Plaintiff asserts that the secured debt of the registration of the instant right to collateral security has ceased to exist due to repayment, and sought cancellation of the registration of the instant right to collateral security against Defendant B by the instant lawsuit.

On the other hand, according to the above basic facts, the plaintiff had already filed a prior suit against the defendant B with the same cause of claim, and the above judgment became final and conclusive. Thus, the plaintiff's lawsuit of this case has already become final and conclusive in the defendant B.