1. The plaintiff's claim is dismissed.

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

1. According to Gap evidence Nos. 1 and 2 as to the cause of the claim, the registration of creation of mortgage (hereinafter "registration of mortgage of this case") was completed on June 17, 1982 on the ground of the contract on the construction of each real estate listed in the separate sheet as of June 12, 1982, and the establishment of mortgage (hereinafter "registration of mortgage of this case") with the debtor, the mortgagee, the defendant, the maximum debt amount, 15 million won, respectively. There is no counter-proof.

As a factual basis for the claim of this case, the plaintiff completed the registration of this case as a collateral for goods transaction with the defendant, but suspended the transaction with the defendant, and did not exist any obligation for goods, so the plaintiff asserts that the above contract to establish a mortgage of this case was cancelled and sought cancellation of the registration of the mortgage of this case. However, there is no proof as to the fact that there is no obligation for goods price as a collateral obligation for the registration of the mortgage of this case.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.