1. The plaintiff's claim is dismissed.

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

Basic Facts

In full view of Gap 24 and 25's respective descriptions and arguments, Eul donated the land listed in paragraph (1) of the attached Table No. 1 on November 23, 1994 and completed the registration of ownership transfer on November 28, 1994; Eul completed the registration of ownership transfer on March 27, 2008 with respect to the building listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 located on the land listed in the attached Table No. 1 of the attached Table No. 2 of the attached Table (hereinafter referred to as "the real estate of this case"), Eul entered into a contract with the defendant on July 14, 2010, the debtor, maximum debt amount of 10 million won, defendant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage.

Plaintiff’s assertion

The plaintiff asserts that the plaintiff is obligated to implement the registration procedure for cancellation of the establishment registration of the mortgage of this case, since the plaintiff fully repaid the amount of KRW 19,584,00 to the defendant and the Sungjin Lex Professional Co., Ltd. as the cause of the claim of this case.

Judgment

According to the legal principles presented in the Supreme Court en banc Decision 93Da16338 delivered on January 25, 1994, where the secured obligation of the right to collateral has been extinguished, the owner of the real estate on which the right to collateral security was established may file a claim for the cancellation of the right to collateral security in accordance with the right to claim for exclusion of disturbance based on ownership.