A. On August 1, 2001, the Plaintiff entered into a credit guarantee agreement with Nonparty G, and G obtained a credit guarantee agreement issued by the Plaintiff from H association as a collateral. A person who caused a credit guarantee accident by G, and the Plaintiff subrogated for the obligation of KRW 48,546,742 to H association on March 15, 2007, upon the request of H association.

B. The plaintiff is the above A.

According to the facts of the cause of section 48,546,742 and damages of KRW 63,219,828, administrative fine of KRW 138,549, guarantee fee of KRW 147,221, and damages for delay of the principal of the indemnity amount of KRW 48,546,742, and the above amount of KRW 48,546,742.

C. G is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On July 6, 2002, G concluded a mortgage agreement with I on July 8, 2002, and completed on July 8, 2002 the registration of creation of a mortgage over the maximum debt amount of KRW 9 million (hereinafter “registration of creation of a mortgage”) with respect to each of the instant real estate by the Jeju District Court’s receipt of the main registry office of the Jeju District Court (15010).

I (hereinafter referred to as “the deceased”) died on May 15, 2018 and there is a spouse D, the Defendant (hereinafter referred to as “the appointed party”; C, the appointed party E, and the appointed party F.

E. G is insolvent.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2-1 and Eul evidence No. 2, the whole purport of the pleading

2. Determination on the cause of the claim

A. In light of the Plaintiff’s primary assertion, the Plaintiff asserts that the registration of the establishment of a collateral security should be cancelled on the ground that the registration of the establishment of a collateral security is completed, even though G and the deceased did not have any collateral obligation on the registration of the establishment of a collateral security in the nearest mortgage of this case

The mortgage is a mortgage created by settling only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act).