1. Of judgment of the first instance, the part of the claim for cancellation of the registration of cancellation of the establishment registration of a neighboring mortgage shall be revoked;

2. The defendant.

1. Basic facts

A. A. Around 2012, the Plaintiff agreed with E to carry out a mushroom cultivation project in Gwangju-si, the forest land of 90,545 square meters (hereinafter “instant land”). In order to carry out a mushroom cultivation project on the said land, it was necessary to purchase neighboring forests and fields and establish a passage route.

B. E introduced D to the Plaintiff, and D proposed that the Plaintiff provide the Plaintiff with the instant land as collateral and borrowed money from the Defendant, thereby consenting to this.

C. The Plaintiff remitted KRW 960,200 to the account in the name of G designated by F in order to pay the registration cost of the establishment registration of a neighboring mortgage to F, a certified judicial scrivener.

On September 26, 2012, the Plaintiff prepared a written contract to establish a right to collateral security concerning the instant land (hereinafter “instant contract to collateral security”) with D who represented the Defendant on September 26, 2012, and issued D a certificate of delegation of registration and a certificate of completion of registration, and the Defendant completed the registration of establishment of a right to collateral security (hereinafter “instant security”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 10, the purport of the whole pleadings

2. Determination on a claim to enforce the procedure for registration of cancellation of the right to collateral security of this case

A. 1) The Plaintiff’s assertion 1) set up the instant right to collateral security against the Defendant to borrow money from the Defendant, but thereafter, it was no longer necessary to borrow money from the Defendant, and thereafter notified D. Since the Plaintiff did not borrow money from the Defendant and the money borrowed from the Defendant is irrelevant to the Plaintiff, the Defendant is obligated to implement the procedure for registration of cancellation of the said right to collateral security. (2) The Defendant’s assertion that the Plaintiff would operate a mushroom farming business with the Defendant, and set up the instant right to borrow money from the Defendant with the Defendant, and the Defendant would like to borrow money from the Defendant, approximately 90.