A. The Plaintiff is the owner of 9,521m2 (hereinafter “instant forest”).

B. On June 23, 2014, the Plaintiff completed the registration of creation of a mortgage as to the Defendant’s mortgagee, the Defendant, and the maximum debt amount as KRW 100 million in the future on the same day.

(hereinafter referred to as “the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of neighboring area of this case”). [Grounds for recognition] without dispute, entry of evidence No. 1

2. Summary of the parties' arguments;

A. On June 2014, the Plaintiff asserted that the Defendant would purchase the instant forest, and the Defendant concluded a sales contract with the Plaintiff to sell the instant forest at KRW 80 million. At the time, the Defendant demanded the Plaintiff to establish a collateral security right to secure the implementation of the instant sales contract.

Accordingly, on June 23, 2014, the Plaintiff was merely the completion of the registration of the establishment of the mortgage of this case under the name of the Defendant, and there is no actual secured claim of this case.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

B. The Defendant’s assertion and the Defendant’s spouse D provided labor for the Plaintiff at the land located in Gangwon Yangyang-gun E, while providing meals to the construction workers, etc.

Accordingly, the Plaintiff donated approximately KRW 100,000 to the Defendant with the indication of the Marshion, and created the instant right to collateral security. Therefore, the instant right to collateral security is lawful and effective.

3. Determination

A. The relevant legal doctrine is a mortgage established 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), which aims to secure a certain amount of unspecified claims arising from a continuous transaction relationship within a certain period for settlement in the future.