1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 201, the Daejeon District Court, 22554, which received on the same day on November 4, 201, concluded that the establishment registration of a collateral security (hereinafter “instant collateral security”) was completed on the ground of the contract concluded as of November 4, 201 with respect to the instant real estate owned by the Defendant, the maximum debt amount of which was KRW 65,00,000,000, the debtor, the Defendant, and the mortgagee E.

B. The instant right to collateral security was revoked on February 1, 2013 on the ground that the Daejeon District Court’s Universal Registry was received on the same day, and the registration was revoked on January 31, 2013 on the ground that termination was made on January 31, 2013.

(hereinafter “Registration of cancellation of the instant mortgage”). C.

On January 22, 2013, before E’s death and inheritance relationship, E had already died on January 22, 2013, and the Plaintiff is a legal heir as E’s child.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination on the main claim

A. We examine the judgment on the cause of the claim. The registration filed under the name after the person liable for registration dies, and completed under the name of the person liable for registration, barring any special circumstance, shall be deemed to have no presumption of registration. According to the facts acknowledged earlier, the registration of cancellation of the instant right to collateral security filed after the death of E, shall be deemed invalid, unless there are special circumstances. Thus, the Defendant is liable to recover the instant right to collateral security cancelled by the registration cancellation of the instant right to collateral security.

B. The Defendant’s assertion (1) was formally conducted under agreement with E to prepare for preservative measures, etc. from a construction company in dispute with the Defendant, and thus, the Defendant did not have a legal act establishing a secured claim of the instant mortgage between the Defendant and E, and the contract establishing a mortgage was concluded.