1. On November 30, 1991, Defendant A had the Hongcheon District Court Hongcheon Registry on the real estate stated in the attached list to the Plaintiff.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence No. 1 and evidence No. 2, and there is no counter-proof.

On June 11, 2007, the Plaintiff was jointly and severally rendered a decision to recommend execution to the Plaintiff for the payment of KRW 31,315,027, and KRW 10,000 per annum from May 1, 2007 to the date of full payment (hereinafter “decision to recommend execution of this case”). The decision to recommend execution of this case was delivered to Nonparty C on June 13, 2007 and became final and conclusive on June 28, 2007.

B. On November 30, 1991, Nonparty C completed the registration of creation of a neighboring mortgage (hereinafter “the creation of a neighboring mortgage”) on the real estate listed in the separate sheet owned by the principal (hereinafter “the instant real estate”) with the Hongcheon District Court, Hongcheon District Court, Hongcheon District Court, 13808, which was received on November 30, 1991, for which the Defendant A was the debtor C, the mortgagee C, and the mortgagee A as the Defendant on November 30, 1991. The registration of creation of a neighboring mortgage was completed on September 16, 1992 by the Hongcheon District Court, Hongcheon District Court, Hongcheon District Court, 9585, which was received on September 16, 1992, with the maximum debt amount of KRW 35,00,000,000, the debtor C, and Defendant B as the mortgagee C and the mortgagee B, and completed the registration of creation of a mortgage (hereinafter “the creation of a mortgage”).

2. Determination

A. The Plaintiff’s judgment on the claim against Defendant A did not have any secured debt for the registration of the establishment of a neighboring mortgage of the first place of the instant case, and since Nonparty C is insolvent, the Plaintiff sought the cancellation of the registration of the establishment of a neighboring mortgage of the instant case to Defendant A in order to preserve the claim arising from the decision of performance recommendation in subrogation of Nonparty C.

The Plaintiff’s registration of the establishment of a mortgage prior to the filing of the instant lawsuit and after the filing of the instant lawsuit by Defendant A.