1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) the purport of the entire pleadings in each of the statements Nos. 1 through 3.

On July 10, 2009, the plaintiff and the non-party loans KRW 129 million to the non-party company as the purchase fund for construction machinery, and the non-party company agreed to set up a mortgage on dump trucks purchased with the above loan money at the bond price with respect to the plaintiff's dump trucks purchased with the loan money.

(B) The loan agreement of this case is referred only to as the “instant loan agreement” from the following day.

On July 16, 2009, the non-party company registered new construction of A dump trucks (hereinafter referred to as “the construction machinery of this case”) manufactured by the non-party Hyundai Motor Co., Ltd. (hereinafter referred to as “the non-party company”) as its own ownership in A 2009 Form No. 25.5 tons (hereinafter referred to as “the construction machinery of this case”) and made the plaintiff as its mortgagee (hereinafter referred to as “the mortgage registration of this case”).

At the same time, the establishment of mortgage with modern automobiles as mortgagee was registered.

C. On March 5, 2010, Hyundai Motor applied for the registration of cancellation of the mortgage in the name of the said Hyundai Motor. On the same day, the Defendant cancelled the registration of mortgage in the name of the Plaintiff rather than the registration of mortgage in the name of the said Hyundai Motor.

As to the construction machinery of this case, on June 3, 2013, the registration of ownership change under the name of Nonparty B was cancelled on the fourth day of the same month, and at the same time the registration of mortgage creation was completed under the name of Nonparty A Capital Co., Ltd., and at the same time, the registration of mortgage creation was completed under the name of Nonparty C on the 25th day of the same month.

2. Determination as to the cause of claim

A. According to the facts acknowledged in the above underlying facts, the Defendant’s registration of the instant mortgage was illegally cancelled by its own negligence.