1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 5, 1993, the Plaintiff sold to D the share of 116/1425 square meters prior to C in Jeju-si, which was owned by the Plaintiff (hereinafter “instant land before the instant partition”), and the same shall apply.

8. The registration of transfer of the above share has been completed.

B. The Defendant received on November 19, 1994, the registration of the establishment of a mortgage of 11.2 million won for the amount of the claim under the Jeju District Court No. 59862 as of November 19, 1994 with respect to the D portion of the land before

C. On May 17, 1995, the land prior to the instant partition is divided into 1,309 square meters and 116 square meters prior to C, Jeju-si, and the land category as C was changed to orchard on the same day. On September 10, 1997, the Plaintiff acquired the ownership solely on the ground of partition of co-owned property as to C orchard 1,309 square meters (hereinafter “the Plaintiff’s land”).

With respect to the land which became a sole ownership of D’s partition of co-owned property (hereinafter “D’s land”) on the land before the instant partition, the ownership was changed due to the commencement of voluntary auction on May 11, 1998, and the successful bid on June 17, 1999, and the registration of creation of mortgage in the name of the defendant was cancelled.

E. The land category of the Plaintiff’s land was changed to a warehouse site on November 5, 2002.

[Based on the recognition, Gap evidence Nos. 1, 2, and 3

A. The plaintiff does not have any obligation between the plaintiff and the defendant, and the defendant asserts that the defendant is obligated to perform the procedure for registration of cancellation of the registration of establishment of mortgage in the name of the defendant as to the plaintiff's land of this case, but the security right, such as the right to collateral security, which was established on Gap's share among the co-owned real estate of Gap and Eul, shall continue to exist on the whole co-owned property according to the previous shares ratio, and it shall not naturally be concentrated on the part that was divided in the future Gap, the person who created the right to collateral security (Supreme Court Decision 88Meu24868 delivered on August 8, 1989), and even though the plaintiff did not bear any obligation against the defendant.