1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Facts of recognition;

A. Agreement 1 between the defendant and C (the trade name before the alteration: the target feed stock company and the target stock company) on September 22, 2003 and September 23, 2003, in order to secure the claim for the payment of historical expenses against the defendant who is C and his spouse, the defendant entered into a mortgage contract with the maximum debt amount of KRW 200 million as to each real estate, etc. listed in the separate sheet No. 2 list No. 1 through No. 10 of the separate sheet No. 2, and each real estate listed in No. 2 list No. 1 through No. 10 of the separate sheet

(2) Around October 21, 2006, the Defendant: (a) entered into a superficies contract; (b) completed the registration of establishment of a neighboring mortgage and the establishment of superficies on each of the above real estate on September 23, 2003; (c) requested C to approve the use of the instant stock farm site for the use of a stable newly constructed by C from October 21, 2006; (d) provided C to the effect that (i) the first secured mortgage is established on a newly constructed livestock shed as additional security for the above feed payment obligation; and (ii) transferred all rights, including ownership, to the Defendant regarding the unregistered building on the ground of the instant stock farm site; (b) transferred all rights, including ownership; and (c) issued a letter to the effect that the date of preparation and the indication of the unregistered building subject to transfer shall be a blank column to delegate the Defendant the supplementary authority to manifest the building; and (d) consented C to the use of the instant stock farm site.

3) However, even after completion of the new construction of each real estate listed in the separate sheet No. 1 on the ground of the instant land, C did not perform the procedures for registering the establishment of a mortgage to the Defendant, and the Defendant, around December 29, 2006, entered each real estate listed in the separate sheet No. 1 in the indication column of the unregistered building among the instant notes, and entered “No. 29, Dec. 29, 2006” in the column for the preparation date. (b) An agreement between the Plaintiff and the Appointed B and the Defendant (hereinafter referred to as “Plaintiff”) and the Appointed B (hereinafter referred to as “the Plaintiff”) on December 29, 207.