1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 15, 1993, the Plaintiff, with the trade name of “G”, opened a sales agency of the Gu, and concluded a mortgage contract on the instant land owned by the Defendant as at the time of securing goods payment claims, etc. related to the supply of the said Gu with the aim of securing the goods payment claims, etc., as to the instant land, which was owned by the Defendant. The Plaintiff completed the registration of the establishment of a mortgage contract as at the Seocheon registry office of the Gwangju District Court No. 342, Jan. 16, 1993.

(hereinafter “The instant collateral security”). After doing so, H operated the said agency until the end of 1998, it did not engage in any business any longer with approximately KRW 80,000,000 as the purchase-price for the goods.

B. On November 28, 2008, the Plaintiff completed the instant registration of transfer of the right to collateral security on the ground of a contract transfer on November 14, 2008, which was concluded on the ground that the instant registration of transfer was cancelled on the ground of termination on February 10, 2014, the preceding day, and the Plaintiff completed the registration of transfer of the right to the instant land on January 16, 2015 with D on the ground that it was sold on January 14, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that in the case of the lawsuit of this case seeking recovery of the cancelled mortgage transfer registration of this case, the main registration of this case should be cancelled, and the registration of this case, which is supplementary registration according to the father's nature, should be cancelled. Thus, the defendant asserts that there is no legal interest to seek a separate recovery of only the registration of this case, which is cancelled as supplementary registration.

B. In the lawsuit for performance, the interest of the lawsuit is determined in accordance with the plaintiff's assertion. The plaintiff was cancelled in the lawsuit of this case on the premise that the registration of transfer of the right to collateral and the right to collateral security in this case is valid.