A. On November 1, 2005, the Plaintiff: (a) set up a mortgage agreement with the Defendant on October 31, 2005 on the ground of a contract to set up a collateral security (hereinafter “mortgage security”) with the maximum debt amount of KRW 30 million in order to secure the Defendant’s entire obligations in the past and in the future.

B. On October 31, 2017, the auction procedure was initiated with the Chuncheon District Court C on the instant land. On November 8, 2018, the said court drafted a distribution schedule that distributes KRW 60,075,746, which is the Defendant, the owner of the instant land, to the Plaintiff (hereinafter “instant distribution schedule”) the dividends of KRW 30,000,000, the remainder of KRW 30,075,746, which is the second mortgagee, to the Defendant, who is the owner of the instant land.

C. On the date of the above distribution, the Plaintiff filed an objection to the distribution with respect to the full amount of the Defendant’s dividend on the date of distribution, and the Plaintiff filed a lawsuit of demurrer to the distribution on November 12, 2018, one week thereafter.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 5, and the purport of the whole pleadings】

2. The judgment on the cause of a claim is a mortgage established by setting only the maximum amount of the debt to be secured, and reserving the determination of an obligation in the future (Article 357(1) of the Civil Act). Since it is a security right established to secure a certain limit in a settlement term for the future several unspecified claims arising from a continuous business relationship, there must be a legal act establishing a secured claim of the right to collateral separate from the act of establishing the right to collateral. The burden of proving whether there was a legal act establishing the secured claim of the right to collateral at the time of the establishment of the right to collateral (see, e.g., Supreme Court Decision 2010Da107408, Apr. 28, 201). The secured claim against E is secured.