1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

(1) On July 27, 2009, each real estate listed in the separate sheet was owned by the Plaintiff, and the registration of creation of a mortgage, such as Defendant B, the maximum debt amount of KRW 100 million, and the Plaintiff’s claim, was completed (hereinafter “instant collateral security”).

D. Defendant B transferred to Defendant C the claim amounting to KRW 70 million out of the maximum debt amount of the instant right to collateral security, and Defendant C completed the supplementary registration of partial transfer of collateral security as to KRW 70 million, which was received on September 14, 2009 on September 14, 2009, pursuant to the Daegu District Court Seo-gu racing support No. 49435, Sept. 14, 2009.

[Grounds for recognition] Gap evidence Nos. 1-7 and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion ① Although the Plaintiff fully repaid the secured debt of the instant mortgage to Defendant B, Defendant B transferred KRW 70 million out of the instant secured debt to Defendant C.

However, the Plaintiff did not receive the notification of the assignment of claims from Defendant B, or the Plaintiff did not consent to the said assignment of claims.

Therefore, Defendant C cannot oppose the Plaintiff on the ground that it has a claim against Defendant C.

Therefore, since the secured obligation of the instant mortgage was fully repaid, the Defendants are obligated to cancel the instant mortgage to the Plaintiff.

② In addition, even if Defendant B borrowed KRW 40 million from Defendant C and additionally entered into an additional registration for the partial transfer of the right to collateral security, Defendant B paid KRW 10 million on April 12, 2012, around May 2014, KRW 40 million, around April 2016, and KRW 5.5 million on several occasions in 2016, the debt owed to Defendant B was fully repaid and extinguished.

Therefore, the Defendants are obligated to cancel the instant collateral security to the Plaintiff.

B. 1 First of all, the supplementary registration by transfer of the right to collateral security is the right arising from the establishment registration of the existing mortgage.