1. The plaintiff's claim is dismissed.

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

1. In the fact of recognition, the defendant shall establish the establishment of a neighboring mortgage on each real estate listed in the separate sheet with the Suwon District Court, the Sungsung District Court, No. 22355, Dec. 12, 2008: the defendant, the debtor, and the maximum debt amount of 1.3 billion won.

Won. The registration of the establishment of a mortgage of this case (hereinafter referred to as “the establishment of a mortgage of this case”).

A) A registration of change of right to collateral security (a creditor: the defendant, the debtor: the plaintiff, the maximum amount of debt 400 million won) was received on October 6, 2010 by the same registry office No. 13702

F. The registration of the change of the right to collateral security of this case (hereinafter referred to as “registration of change”).

Upon completion of each of the above two registrations (hereinafter referred to as "the foregoing two registrations"), "the establishment registration, etc. of the establishment of the neighboring facilities of this case" shall be

(ii) [Ground of recognition] unsatisfy, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings;

2. The assertion and judgment

A. The registration of the establishment of a mortgage of the Plaintiff’s assertion is invalid because all of the grounds for registration are nonexistent.

Even if the cause of registration, such as the establishment registration of a neighboring mortgage of this case, is a claim on the Defendant’s letter of execution of real estate donation against the Plaintiff, the claim has already expired by prescription.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of this case.

B. The presumption of real estate registration is based on the premise that the registrant is a legitimate right holder, the cause is legitimate, and the registration procedure is lawful, and the registration procedure is completed lawfully. Therefore, the claimant must prove that there is no ground for registration, such as the establishment registration of the neighboring mortgage of this case, or that it is invalid.

There is no evidence to acknowledge that there is no ground for registration, such as the establishment of a mortgage of this case, or that the establishment of a mortgage of this case is null and void.

Rather, comprehensively taking account of the contents of evidence Nos. 1 through 5, the purport of the argument as a whole, it appears that the Plaintiff’s seal impression and the Plaintiff’s seal impression have been used at the time of entering into the instant mortgage contract and mortgage modification contract.