1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Facts of recognition

On March 16, 2011, the Plaintiff and the Seoul Special Self-Governing Construction Co., Ltd. (formerly "Dong Civil Construction Co., Ltd." hereinafter referred to as "Seo-gu Co., Ltd.") entered into a construction contract for the construction of multi-household houses on the ground of Yongsan-gu Seoul Metropolitan Government.

On March 17, 2011, the Plaintiff created a right to collateral security (hereinafter “instant right to collateral security”) on the instant real estate owned by the spouse, in order to secure the obligation for the construction cost under the said contract, as described in the purport of the claim in the future of the non-party company.

The contract between the plaintiff and the non-party company included a special clause that "if the non-party company does not commence the construction within 10 days, the non-party company shall commence the construction, and if it does not commence within 10 days, the mortgage of this case shall be invalidated.

Around August 2011, the non-party company suspended construction work, and the plaintiff concluded a contract again with the Stru integrated Construction Company and continued construction work.

On August 18, 2016, Nonparty Company transferred the instant right to collateral security and its secured claim to the Defendant, notified the Plaintiff on August 22, 2016, and completed the supplementary registration before the said right to collateral security on August 22, 2016.

(Reasons for Recognition) Facts without dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 4 (including each number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, the non-party company did not commence the construction until 10 days have passed from the date of agreement. Thus, the right to collateral security of this case lost its effect

If the non-party company is ordinarily 15 days, it can be seen that the non-party company claims for the progress payment of the 1st floor-building construction works in light of the circumstances in August 8, 2011.

Therefore, the defendant, who was the successor of the non-party company, sought cancellation of the registration of the above collateral security establishment.

Judgment

The aforementioned evidence and evidence are recognized as follows in accordance with the purport of the whole of the statements or videos and arguments in Eul-B and evidence Nos. 11 and 12 (including paper numbers).