1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

1. At the first instance court, the Plaintiffs filed a claim against the Defendant for the implementation of the procedure for registration of cancellation as to the registration of creation of a neighboring mortgage, ② the registration of creation of superficies, ③ the registration of establishment of a superficies, ③ the registration of establishment of a chonsegwon amounting to KRW 390 million. The court of first instance accepted the claim for cancellation on the ground that the above deposit was extinguished due to the above deposit: (i) the right to collateral security and superficies were extinguished; (ii) while the above right to collateral security and superficies were not deemed extinguished due to the above deposit as a security separate from the above collateral security, the Plaintiffs dismissed the claim for cancellation

As to this, the part against only the plaintiffs was lodged an appeal regarding the claim for cancellation of the registration of chonsegwon, the subject of judgment by this court is limited to the claim for cancellation of the registration of chonsegwon.

The following shall be determined on this basis:

2. Basic facts - The part concerning “basic facts” among the reasons to be stated by the court in the judgment of the first instance is the same as the reasons for the part concerning “1. Recognition” of the judgment of the first instance except for the following modifications. As such, the relevant part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff A added "the plaintiff as the husband and wife," in the 3th sentence of the first instance judgment, in front of "the plaintiff A".

In the fourth and third proceedings of the first instance court, the part of the "founded ground for recognition" in the 12th and 13th proceedings of the first instance court shall be decided by the fact that there is no dispute (based on recognition), Gap's 1 through 4, 6, Eul's 1 and 2 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings.

3. The assertion and judgment as to the request for cancellation of the registration of chonsegwon

A. The gist of the plaintiffs' assertion 1 of the parties and the defendant decided to set up only a security of KRW 390 million in total of the right to collateral security of this case and the right to lease on a deposit basis of this case in order to secure D's obligation to borrow the loan of this case.