1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 1, 2003, Nonparty C completed the registration of ownership transfer in the name of the Plaintiff on the grounds of the sale on September 1, 2003 as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On February 24, 2009, the Plaintiff completed the registration of the establishment of a mortgage over KRW 220 million with the maximum debt amount (hereinafter “the registration of the establishment of a mortgage over the first place of the instant real estate”) and the registration of the establishment of a mortgage over KRW 241 million with the Suwon District Court (hereinafter “the registration of the establishment of a mortgage over the second place of the instant real estate”) under Article 7607, which received support from the Suwon District Court for the establishment of a mortgage over the second place of the instant real estate (hereinafter “the registration of the establishment of a mortgage over the second place of the instant real estate”).

C. On the other hand, on November 12, 2013, the registration of alteration was completed to reduce the maximum debt amount from KRW 220 million to KRW 10 million with respect to the registration of creation of a mortgage over the first place of the instant first place.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, 2, Eul's 1, 2, and the purport of the whole pleadings.

2. Determination as to the claim for cancellation of the registration of establishment of the first place of the instant case

A. (1) The Plaintiff entered into an agreement with the Defendant to pay KRW 200 million to the Defendant in order to repay the Defendant’s obligation to the Defendant during the process of acquiring the instant real estate. The Plaintiff completed the registration of establishment of the first place of the instant real estate to secure this.

However, the plaintiff paid 200 million won to the defendant.

Therefore, the establishment registration of the first place of the instant case should be cancelled since the secured debt has ceased to exist.

(2) The amount agreed upon by the Defendant to be paid to the Defendant in acquiring the instant real property is KRW 461 million. The Plaintiff issued and delivered to the Defendant a promissory note with a face value of KRW 220 million and KRW 241 million to the Defendant for the repayment of the said amount. The Plaintiff’s first installment in order to secure a face value of KRW 220 million.