1. The part concerning the claim for cancellation of the registration of collateral security among the instant lawsuit is dismissed.

2. The defendant shall list the attached list to the plaintiff.

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “the apartment of this case”), the ownership transfer registration has been completed in the name of the Plaintiff from June 7, 2002 to the present date.

B. On November 16, 2012, the Seoul Central District Court received an application for the establishment registration of the mortgage C, the debtor, and the maximum debt amount of 50 million won (hereinafter “the establishment registration of the mortgage of this case”) with respect to the apartment of this case on November 16, 2012.

In addition, on December 3, 2012, the Seoul Central District Court received an additional registration for the transfer of the right to collateral security (hereinafter “instant right to collateral security”) under the name of the defendant on December 3, 2012, the registration of the establishment of the right to collateral security (hereinafter “right to collateral security”).

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. As to the Plaintiff’s petition against the Defendant for the cancellation of the registration of the establishment of the instant collateral security on the ground that the registration of the establishment of the instant collateral security was null and void, the Defendant asserted that the said lawsuit was unlawful on the ground that there was no legal interest in the lawsuit.

On the other hand, the supplementary registration prior to the right to collateral security is dependent on the registration of the establishment of the existing principal registry, which forms the entire principal registry, and therefore the succession to the right by the registration of the establishment of the existing principal registry is stipulated in the register, and does not create any new right by the registration. Thus, the person who created the right to collateral security or the third party who acquired the ownership by the said person is entitled to 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 becomes null and void in the future from the transferee of the right to collateral security, and thus, it cannot be claimed against the transferee for cancellation of the registration of the establishment of the right to collateral