1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On January 25, 2011, the Plaintiff’s respective real estate listed in the separate sheet of the Plaintiff’s assertion (hereinafter “each of the instant real estate”) is the real estate owned by the Plaintiff. The Defendant completed the registration of establishment of neighboring mortgage (hereinafter “registration of establishment of neighboring superficies”) under the status of 1214, which was received by Samcheon District Court, Samcheon District Court Branch Office, and the registration of establishment of superficies under the status of 1236, which was received by the same registry office (hereinafter “registration of creation of superficies”). For the following reasons, the registration of establishment of neighboring superficies and the registration of creation of superficies of the instant real estate should be cancelled.

Since the defendant made at will the registration of the establishment of a mortgage and the creation of a superficies in the nearest area of this case, the above registration is null and void.

B. At the time of registration of real estate, documents to confirm the person liable for registration shall be prepared by an attorney-at-law or a certified judicial scrivener. Documents prepared at the time of registration of the establishment of a mortgage and the creation of a superficies are prepared by D, which is not a lawyer or a certified judicial scrivener, each

C. The plaintiff's act of establishing each of the above registrations was done by deception C, etc. on the ground that C and D stated that "the debtor of the right to collateral security established on the land E at third party shall be changed from the plaintiff to Nonparty C," and signed and sealed documents presented by C, etc. as documents necessary for the change of debtor.

Therefore, the contract to establish a mortgage and the contract to establish a superficies is revoked.

The Plaintiff provided each of the instant real estate as collateral and paid the purchase price of the instant land by deception C and D to the effect that “I would lend money by using it as collateral.” The Plaintiff completed the registration of establishment of a mortgage and the establishment of superficies on each of the instant real estate by deception, and the Defendant was aware or could have known of the fact of deception. Accordingly, the Plaintiff revoked the contract to establish a mortgage and the contract to establish superficies

(e).