1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was constructed and registered to preserve ownership by B (hereinafter “B”), and the Plaintiff completed the registration of ownership transfer on December 6, 2004 due to the sale as of November 19, 204.

B. On December 6, 2004, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “mortgage”). The Defendant completed the registration of establishment of the right to collateral security (hereinafter “mortgage”) based on the agreement concluded on November 23, 2004 with the obligor B, each of the instant real estate as the maximum debt amount of KRW 300 million and the obligor B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the secured claim of each of the instant claims was completed ten years after the date of establishing the right to collateral security, which was the date of the contract, from November 23, 2004. Thus, the Defendant is obligated to implement the procedure for registration of cancellation of each of the instant claims.

B. The following facts may be acknowledged in full view of each of the statements in the evidence Nos. 1 to 11, the witness C, D, and E’s testimony, as a whole:

(1) D, the actual manager of B, on April 28, 2004, borrowed KRW 250 million from C as of July 27, 2004.

(2) On April 28, 2004, the Defendant entered into a mortgage agreement with C and D on the mortgagee C, the maximum debt amount of which is KRW 200 million, and the debtor with respect to the real estate owned by the Defendant, for the purpose of securing the above debt, and KRW 49,000,000,000 per annum G prior to G (hereinafter “the instant secured real estate”). On April 29, 2004, the Defendant completed the registration of the establishment of a mortgage on around the same day.

(3) On April 28, 2004, D stated that the Defendant shall be paid KRW 30 million as a honorarium for the above offer of collateral, and on July 27, 2004, D issued to the Defendant a letter of the loan deposit stated as “multi-family Nos. 901, 801, 701, and 3 households (right of sale)” as “a letter of the loan deposit entered as of July 27, 2004.”

D. above.