1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. On October 22, 2008, the Plaintiff was the owner of the real estate listed in the separate sheet (hereinafter “the instant real estate”). On October 22, 2008, the Plaintiff completed the registration of creation of a mortgage on the instant real estate as the mortgagee D Co., Ltd., the debtor, the maximum debt amount of 100,000,000.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

D Co., Ltd. was divided on January 3, 201, and established by the Defendant for the purpose of automobile rental business (hereinafter “Defendant”) (in relation to the rights and obligations of D Co., Ltd. succeeded to by the Defendant, it is not strictly divided between D Co., Ltd. and the Defendant, but only referred to as “Defendant”). On January 20, 2011, the registration of transfer of the establishment of the instant neighboring mortgage was completed in the Defendant’s future.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. The registration of the establishment of a new mortgage in the instant case as the cause of the claim did not comply with the request for the cancellation of the registration of the establishment of a new mortgage in the instant case by asserting that the registration of the establishment of a new mortgage in the instant case was made to secure the obligation of the F Co., Ltd. (the trade name after the alteration: G Co., Ltd.; hereinafter “G”) with respect to a corporate automobile leased from the Defendant in relation to the Defendant, and the obligation of G such as usage fees, etc. was fully extinguished or 1,953,200 won was fully extinguished or all of the obligation of G to the Defendant. However, the Defendant did not comply with the request for the cancellation of the registration of the establishment of a new mortgage in the instant case by asserting that the registration of the establishment of a new mortgage in the instant case was made to secure the obligation of the Defendant under the agency contract for the Defendant

3. Determination

A. At the time of establishing a mortgage, the secured obligation and its obligor secured by the mortgage between the mortgagee and the mortgagee of the mortgage at the time of establishing the mortgage.