1. Of the principal lawsuit of this case, the part concerning the claim for the confirmation of the existence of the obligation and the claim for the cancellation registration of the registration of the alteration of collateral security.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On April 11, 2008, the Defendant completed the registration of establishment of each right to collateral security with respect to the instant real estate owned by K under Daejeon District Court Decision 32770, the maximum amount of claims KRW 400 million, and the debtor K.

(2) On July 30, 201, K (hereinafter “the deceased”) died on July 30, 201, and the heir is a child.

Plaintiff

H received legacy from the Deceased, and completed the registration of ownership transfer on the ground of the testamentary gift on December 16, 201.

On August 8, 2016, the Defendant requested the Plaintiffs to repay KRW 400 million of the secured debt of the instant right to collateral security, and applied for voluntary auction of the instant real estate on August 8, 2016. On September 26, 2016, the Defendant completed the registration of change to the debtor of the registration of establishment of the instant right to collateral security by changing the debtor to the Plaintiffs on the ground of inheritance under the Daejeon District Court’s receipt of the Support for the

【Unfounded-founded-based dispute, Gap evidence Nos. 1 and 3 (including branch numbers, if any; hereinafter the same shall apply), the entire purport of the pleading, the part of the claim for confirmation of existence of an obligation among the main lawsuit, and the part of the claim for cancellation of registration of cancellation of registration of cancellation of the right to collateral security, ex officio determine whether the lawsuit is legitimate or not.

The Plaintiffs sought confirmation of the existence of the obligation and sought confirmation of the existence of the secured obligation based on the instant mortgage contract as the principal lawsuit, and sought cancellation of the registration of the establishment of the existing mortgage.

However, the lawsuit of confirmation is allowed when there is apprehension and danger existing in the plaintiffs' rights or legal status and the judgment of confirmation is the most effective and appropriate means to resolve the dispute. In addition, it is sought to confirm that the person who created the right to collateral security does not have a secured obligation based on the contract of establishing the right to collateral security and to cancel the registration of establishment of the right