1. The defendant received on May 15, 2008 from the Daegu District Court registry office with respect to real estate stated in the attached list from the plaintiff.

1. Basic facts

A. On February 17, 1998, the Plaintiff completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) due to donation.

B. On May 15, 2008, with respect to the instant real estate to C, the Plaintiff completed the registration of the establishment of a neighboring mortgage to C with the maximum debt amount of KRW 60,000,000, the debtor, and the creditor as the registration office of the Daegu District Court No. 30617 on the same day (hereinafter “the registration office of the Daegu District Court”).

C. On January 18, 2018, the Defendant was determined to seize the collateral security right claim amounting to KRW 51,016,078, which was the claim amounting to the registration of the establishment of the neighboring mortgage in this case, by the Jung-gu District Court 2017TTTT 61844, and according to the foregoing provisional attachment decision, on January 22, 2018, the additional registration was completed regarding the registration of the establishment of the neighboring mortgage in this case (hereinafter “instant attachment registration”).

On the other hand, on May 31, 2018, the decision of seizure of the right to collateral security was served on the Plaintiff by public notice.

On October 28, 2009, the Plaintiff paid KRW 5,000,000 to C for the repayment of the secured debt regarding the establishment registration of the instant neighboring mortgage.

E. On March 27, 2019, the Plaintiff filed a lawsuit against C with the Government District Court Decision 2019Da123380, the Plaintiff sought implementation of the procedures for registration of cancellation of the establishment of the instant mortgage. In the said litigation procedure, on October 17, 2019, the judicial compromise was established with the purport that “C shall implement the procedures for registration of cancellation of the establishment of the instant neighboring mortgage to the Plaintiff,” and the protocol of conciliation was drafted on the same day (hereinafter “instant protocol”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. In the event that a claim with one-mortgage is seized as to the cause of the claim, the purpose of registering the seizure of the secured claim by means of additional registration in the establishment registration of the neighboring mortgage is to attach the secured claim of the right to collateral security.