A. On December 29, 2009, the Plaintiff entered into a mortgage contract (hereinafter “mortgage contract of this case”) with the Defendant on a set of KRW 50 million with respect to the secured creditor and the Defendant as well as the obligor, B limited liability company, and maximum debt amount as to the real estate listed in the separate sheet (hereinafter “real estate of this case”) in order to secure all commercial and financial obligations that the limited liability company B (the limited liability company C) would have incurred or will incur to the Defendant, and completed the registration of the establishment of the neighboring district court as to the instant real estate of this case as set forth in Article 96145.

B. On July 9, 2014, the Plaintiff sent to the Defendant a document evidencing that “the spouse was set up the instant right to collateral security with respect to which he/she had worked as a director of the limited company B, and his/her spouse retired from the said company, and thus, the said right to collateral security should be terminated.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. On July 9, 2014, the gist of the Plaintiff’s assertion: (a) terminated the instant mortgage contract; (b) became final and conclusive as the obligation incurred until the time of the termination; and (c) thereafter, the said mortgage should be cancelled since C Limited Liability Company fully repaid the secured obligation that became final and conclusive.

3. Where the term of a contract to establish the right to collateral security has been determined in the contract, or where a settlement term has been determined in the basic contract secured by the right to collateral security, the obligation to collateral security shall, in principle, be finalized at the time the term of a contract to establish the right to collateral security comes into existence or a settlement term comes into existence, but even in this case, where the obligor does not intend to continue the transaction, such as the whole claim secured by the right