1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. On February 16, 200, the Plaintiff borrowed KRW 25 million from the Defendant (hereinafter “the instant loan”). On February 18, 200, on the 18th of the same month, in order to secure payment, the Plaintiff completed the registration of the transfer of the mortgage registration (hereinafter “the instant mortgage registration”) with respect to the Plaintiff, the maximum debt amount of KRW 15 million, with respect to the land size of KRW 28,959,00,000 owned by Nonparty C, the Defendant for the registration of the establishment of a neighboring mortgage (hereinafter “the instant mortgage registration”).

On June 26, 2006, the Plaintiff repaid the Defendant the entire obligation of the instant loan.

On February 20, 2009, the Plaintiff filed a lawsuit seeking the cancellation of the instant mortgage transfer registration (hereinafter “previous lawsuit”). On May 6, 2009 during the previous lawsuit, the Defendant revoked the registration of the establishment of the instant collateral security (hereinafter “previous lawsuit”). On the same day, C completed the registration of the establishment of a neighboring mortgage with the Defendant’s child KRW 19.9 million with the maximum debt amount, and on July 14, 2009, a settlement was established with the content that “the Plaintiff withdraws the lawsuit, and the costs of the lawsuit are to be borne by each party” in the previous lawsuit.

【Grounds for Recognition】 Each entry of evidence Nos. 1 through 3, 5, 7, 8, and 3, and the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, since the registration of collateral transfer of this case aims to secure the payment of the loan of this case. Thus, as long as the loan of this case, which is the secured debt, has been repaid and the debt of this case has been extinguished, the defendant is obligated to cancel the registration of collateral transfer of this case or to transfer the registration

Nevertheless, the Defendant’s above obligation is impossible, insofar as the registration of establishment of a new establishment was cancelled, which should be reverted to the Plaintiff, and the establishment of a new establishment was completed under the name of E.