1. The plaintiff's lawsuit of this case is dismissed.

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

On July 13, 2006, with respect to the real estate listed in the separate sheet on the registration relation, the registration of ownership transfer of 1/2 shares from C was completed in the name of the plaintiff and D, and the registration of ownership transfer was completed in the name of E, the maximum debt amount of 310 million won, and the registration of creation of a neighboring mortgage that became the plaintiff as the plaintiff.

On December 26, 2006, the registration of the transfer of the right to collateral security in the name of the defendant was completed as an additional registration on November 29, 2006, following the registration of the change of the right to collateral security with the maximum debt amount of KRW 210,000,000,000,000 for the transfer of contract amount.

【Legal basis for recognition” has no dispute, and ex officio determination as to the legitimacy of the litigation described in Gap evidence 1, we examine whether the litigation in this case is legitimate.

The Plaintiff is seeking the cancellation of the registration of transfer of a right to collateral security in the name of the Defendant on the ground that the obligation to pay the purchase balance, which is the secured debt of the instant right to collateral security,

However, the supplementary registration of the transfer of a right to collateral security is dependent on the registration of the establishment of the existing principal registry, and it is merely a specification of the succession of the right by the registration of the existing principal registry, not a new right by the registration. Thus, a person who created the right to collateral security or a third party who acquired the ownership from the person who acquired the right by the person who created the right to collateral security or the third party may seek cancellation of the registration of the establishment of the right to collateral security against the transferee, who is the current title holder of the right to collateral security, on the ground that the transfer of the right to collateral security from the transferee becomes null and void (see Supreme Court Decision 2003Da5016, Apr. 11, 2003). In addition, the transfer of the right to collateral security is dependent on the registration of the establishment of the right to collateral security, which is the existing principal registration, and thus constitutes a principal registration and a joint obligation.