1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 19, 2012, the Plaintiff entered into a contract to purchase 2,50 square meters out of 41,455 square meters of D forest land in Yongcheon-si prior to the division owned by C Co., Ltd. (hereinafter “C”).

B. On March 31, 2015, C completed the registration of the establishment of the right to collateral security (hereinafter “mortgage 1”) equivalent to the maximum debt amount of KRW 345 million with respect to the real estate, etc. indicated in the attached list to the Defendant (at the time of the said division, part of the forests and fields D prior to the said division, and hereinafter collectively referred to as “each of the instant real estate”).

C. On January 11, 2017, C completed a provisional registration of the right to claim transfer of ownership on January 9, 2017 with respect to the portion of 1/3 of each of the instant real estate to Plaintiff E, F, and G (hereinafter collectively referred to as “Plaintiffs”). D.

After the division on January 19, 2017, the Defendant was established a collateral security (hereinafter “mortgage 2”) with regard to the debtor I (C representative director) and the maximum debt amount of KRW 345 million, as to the three lots of land (such as land owned by H) located in Yeongdeungpo-si, Yongcheon-si, Do.

E. The Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the registration of the establishment of the first right to collateral security (this Court Decision 2017Gadan17518) on behalf of C.

Plaintiff

They argued that the Defendant agreed with C to cancel the registration of the establishment of the first collateral security instead of the establishment of the second collateral security.

This Court dismissed the claim of the Plaintiff on the ground that there is no evidence to prove that there was such an agreement between the Defendant and C.

The judgment was finalized as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 through 3, Gap evidence 7-1 through 4, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant agreed to cancel the registration of the establishment of the first right to collateral security instead of obtaining the second right to collateral security from the Plaintiff.

The defendant has the duty to cancel the first right to collateral security.

B. (1) The following facts do not conflict between the parties, or evidence No. 8.