The costs of appeal are assessed against the defendant.

A mortgage is a mortgage created by setting only the maximum amount of a debt to be secured and reserving the determination of an obligation in the future (Article 357(1) of the Civil Act). Since a security right is established to secure a certain amount of unspecified claims arising from a continuous transaction from a continuous settlement term in the future, there must be a legal act establishing a secured claim of the right to collateral separate from the act of establishing the right to collateral. The burden of proving whether there was a legal act establishing a secured claim of the right to collateral at the time of the establishment of the right to collateral exists

(See Supreme Court Decision 2009Da72070 Decided December 24, 2009, etc.). The lower court, on the grounds indicated in its reasoning, determined that the evidence submitted by the Defendant alone cannot be recognized as the existence of secured debt of the instant establishment registration, and that the establishment registration of the instant establishment cannot be deemed a valid registration consistent with the substantive legal relationship, and accepted the Plaintiff’s claim seeking the cancellation of the establishment registration of the instant establishment.

Examining the records in light of the aforementioned legal principles, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the secured debt of the right to collateral security, or by failing

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.