1. The Defendant received on June 22, 2010 from the Incheon District Court Branch with regard to the real estate stated in the attached list to the Plaintiff.

1. Basic facts

A. As a creditor against A, the Plaintiff completed the registration of creation of a neighboring mortgage on January 13, 2006 (hereinafter “registration of creation of a neighboring mortgage on the first neighboring real estate”) with respect to the real estate listed in the separate sheet owned by A (hereinafter “instant real estate”).

B. The registration of seizure was completed on August 5, 2009 by the Incheon District Court Branch No. 89565, which was received on August 5, 2009, with the right holder as the National Health Insurance Corporation (hereinafter “instant seizure registration”). However, the registration of seizure was completed on June 22, 2010 by the above court No. 61698, which was received on June 22, 2010, due to cancellation on July 28, 2009.

C. As the cancellation registration for the registration of seizure was completed as in the preceding paragraph, the registration of cancellation was completed on the ground of termination as the same receipt number (Seoul District Court Branch Branch Decision No. 61698, Jun. 22, 2010) with respect to the registration of cancellation for the registration of the first place of the instant case (hereinafter “registration of cancellation of this case”).

The Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of the second neighboring land”) as of December 27, 2012 by the Incheon District Court No. 134154, Dec. 27, 2012.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings】

2. Assertion and determination

A. In full view of the Plaintiff’s claim No. 2-1 and 2-2, and the fact-finding results with respect to the Busan District Court Branch Branch of Incheon District Court, it is recognized that only the application for cancellation registration of the attachment registration of this case was received at the Busan District Court Branch of Busan District Court, and that the application for cancellation registration of this case was not received.

In addition, since the registration of the seizure of this case was cancelled, it cannot be deemed that there was an ex officio reason on the registration of the establishment of the first neighboring mortgage of this case. Thus, the registration of the cancellation of this case is invalid without any cause, and thus, it is related to the registration