1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff, C, and D completed the registration of ownership transfer with 1/3 shares, respectively, with respect to B forest No. 31,323 square meters (hereinafter “the instant forest”).

B. C and D completed the registration of the establishment of a mortgage on May 1, 2014, the Daejeon District Court (Seoul District Court), the Jinjin registry office of the Daejeon District Court, No. 21026, with respect to each of their respective shares in the forest of this case.

C. On March 18, 2016, the Plaintiff filed a lawsuit claiming partition of co-owned property against C and D (Seoul District Court Decision 2015Kadan6359) and rendered a favorable judgment. The Plaintiff was divided into B and the remainder 20,882 square meters among the instant forest land into E, according to the said judgment.

With respect to B forest land divided into the instant forest land, the Plaintiff completed the entire registration of transfer of C and D’s shares as the receipt of No. 12081, Mar. 18, 2016, on the ground of the partition of co-owned property as of January 29, 2016.

[Grounds for recognition] Each entry of Gap evidence 1 through 10 (including branch numbers), and the purport of the whole pleadings

2. The Plaintiff agreed with C, etc. to concentrate on the registration of the establishment of the Defendant’s neighboring premises with respect to C and D shares out of the instant forest land, which is the cause of the Plaintiff’s claim, on the E forest land owned by C, etc. 20,88

The plaintiff did not consent to the establishment of the right to collateral security.

The defendant shall cancel the registration of creation of a neighboring mortgage.

3. Determination

A. In the so-called sectionally owned co-ownership relationship, in which two or more persons agree to specify the location and size of one parcel of land and register it as co-ownership of sectional owners, the right to collateral security is established for the purpose of co-ownership indicating the sectionally owned co-ownership relationship for a specific part of the land within one parcel of land, and is divided into an independent parcel for each specific part of sectional ownership, and even if the sectionally owned co-ownership relationship is terminated due to mutual transfer of shares between sectional owners, the right to collateral security is the previous sectional ownership.