On July 18, 2007, the Plaintiff completed the registration of transfer of ownership based on sale with respect to 3,689 square meters (hereinafter “instant real estate”).

As to the instant real estate, the registration of creation of a mortgage was completed on October 17, 2016 by the Dasan District Court, 44764, the maximum debt amount of KRW 50,000,000, the debtor, the debtor, the mortgagee, and the mortgagee.

(hereinafter referred to as the "mortgage of this case" (based on recognition). (hereinafter referred to as the "mortgage of this case"), there is no dispute, the entry of Gap Nos. 1 and 2, and the purport of the whole pleadings, and the plaintiff's assertion by the parties concerned, upon the request of D, the plaintiff completed the registration of creation of a mortgage of this case in the future with respect to the real estate of this case. The plaintiff lent the above money from the defendant to D again, and completed the registration of establishment of a mortgage of this case.

However, the Defendant did not lend KRW 30,000,000, which was promised after completing the registration of the establishment of the neighboring mortgage of the instant case.

Therefore, the right to collateral security of this case is null and void since there is no secured obligation.

The Defendant asserted that he had been engaged in money transactions with D from April 2015, and that he had a claim of KRW 35,000,000 with respect to D until August 9, 2016. However, the Defendant had to receive some of the shares owned by D, among the shares owned by 2,000 square meters before E, as security therefor.

However, the right to collateral security of this case is established with the intention of being provided as security the shares that D actually owned out of the real estate of this case, which was determined as having no value of collateral due to the establishment of senior collateral security right.

Therefore, the right to collateral security of this case was established in order to secure a debt already borne by D against the defendant, and is effective as the right to collateral security.

Judgment

The mortgage shall only determine the maximum amount of the debt to be secured, and shall withhold the determination of the debt in the future.