1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The registration of transfer of ownership in the Plaintiff’s name was completed on March 25, 201 with respect to the Kuyang-gu Seoul Metropolitan Government District Court Goyang-gu High School, 4002, No. 4002, 4003, which was the Defendant’s ownership, on March 7, 201, on the part of the Defendant and the Defendant and G (hereinafter collectively referred to as “each of the instant real estate”), which was the joint ownership of 535 square meters, D, 642 square meters, 308 square meters prior to E, 208 square meters prior to F, and 166 square meters prior to H (hereinafter collectively referred to as “the instant real estate”).

B. On January 27, 2010, each of the instant real estate was respectively established with the right to collateral security, which is the debtor, the mortgagee’s right to collateral security, an agricultural cooperative, and the maximum debt amount of KRW 3.5 billion (hereinafter “the right to collateral security”), and on October 12, 2010, the right to collateral security, which is the debtor, the mortgagee’s wall system, the agricultural cooperative, and the maximum debt amount of KRW 5.4 million (hereinafter “the right to collateral security”), respectively (hereinafter “the right to collateral security”), and on January 27, 2011, the debtor of each of the instant right to collateral security was changed to I on the ground of contract acceptance as of January 26, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 7 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On August 2010, the Plaintiff asserted that the Plaintiff entered into a sales contract to purchase each of the instant real estate at KRW 760 million (hereinafter “instant sales contract”) with J, a representative of the Defendant, and the Defendant and J agreed to cancel each of the instant collective security rights, and accordingly, the Plaintiff paid the full amount of the purchase price to the Defendant on August 31, 2010.

Therefore, the Defendant is obliged to transfer the ownership of each of the instant real estates to the Plaintiff after cancelling the right to collateral security established in each of the instant real estates.

Although each of the instant mortgages is to be cancelled, each of the instant mortgages rather than cancelled.