1. The part concerning the claim for the cancellation of the registration of collateral security and the registration of cancellation of superficies in the judgment of the first instance shall be revoked;

1. The reasons why our court should explain the instant case is as follows: “the Plaintiff” as “the Defendant”; “a judgment on the cause of the claim 2.” as “a judgment on the claim for confirmation of the existence of the obligation 3.” as “a judgment on the cause of the claim 4.7”; and “a judgment on the cause of the claim 16,17” as “a judgment on the claim for confirmation of the existence of the obligation 4.3.” In addition, each of the High Court Decision 4.6 and 7, which excludes the addition of ex officio judgment as follows, are the same as the reasons indicated in the part of the judgment of the first instance. Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(Plaintiffs asserted that the Defendant jointly invested in the instant real estate development even in the trial, but the testimony of the witness L at the trial alone is insufficient to recognize it, and there is no other evidence.)

2. Ex officio determination: (a) the supplementary registration following the transfer of mortgage is indicated in the registry on the succession of the right by the transfer of the existing establishment of mortgage; and (b) the legal relationship which is the cause of the establishment of mortgage is extinguished as a subordinate to the registration of the establishment of mortgage near the existing principal registry, and thus, if the principal registry is extinguished, it is only the cancellation of the establishment of mortgage near the principal registry, and even if the supplementary registration is not separately seeking for the cancellation, it is cancelled ex officio upon the cancellation of the principal registration (see, e.g., Supreme Court Decisions 95Da7550, May 26, 1995; 2009Da21386, Jul. 9, 2009); (c) the Plaintiffs are merely the registration of the establishment of mortgage in the name of the Do private savings bank (Ycheon District Court, Hongcheon District Court, received on March 25, 2008) and the registration of the establishment of superficies (No. 5649, Mar. 25, 2008).