A. On July 2, 2013, the Defendant completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 150 million, based on the same day-based contract regarding the land owned by E (hereinafter “the instant land”).

B. On July 8, 2013, the Deceased was hospitalized in a hospital due to early climatic cancer and alcohol liveration, etc., and thereafter received hospitalization several times thereafter, and died on February 27, 2015. < Amended by Presidential Decree No. 26879, Feb. 27, 2015>

C. The defendant is F's son who is the birth of the deceased, and is F's son.

The plaintiffs are children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiffs asserted that the establishment registration of mortgage of this case should be cancelled since the mortgage of this case is null and void due to the lack of secured debt.

In regard to this, the defendant and his father F paid living expenses, surgery expenses, and medical expenses to the deceased from around 2000 to the time of their death, and paid KRW 70 million in total with soil expenses and access to the land of this case. The plaintiff Eul repaid the credit payment amount of KRW 15 million on behalf of the plaintiff Eul, who was incurred in the drinking house at the time of military service. The plaintiff Eul arbitrarily sold the rental car operated by the defendant and sold it to the defendant and incurred damages of KRW 15 million to the defendant. In order to refund the above expenses paid by the defendant and the F, the mortgage of this case was created with a loan certificate of KRW 150 million that the deceased borrowed KRW 150 million to the defendant and the F, so the mortgage of this case is proved to be valid.

3. The determination of the right to collateral security is a mortgage created by setting 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).