A. On July 9, 2001, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) set forth in the Disposition No. 1 (hereinafter “instant right to collateral security”) with respect to the real estate (hereinafter “instant real estate”) listed in the separate sheet, which is owned by B, as of July 6, 2001, on the ground of the contract to establish a contract as of July 6, 2001.

B. The Plaintiff filed a lawsuit against B on November 11, 2014 against the Gwangju District Court 2014Kadan51839, and the said court rendered a ruling that B shall pay to the Plaintiff KRW 208,60,151, and damages for delay as to KRW 201,321,801, out of the amount of KRW 208,60,151, and the said ruling became final and conclusive around that time.

C. The instant real estate constitutes the sole property of B, and B bears obligations to a single bank other than the Plaintiff, and thus is in excess of obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), fact-finding results on the wooden market of this court, the purport of the whole pleadings

2. The parties' assertion

A. The instant right to collateral security should be cancelled upon the Plaintiff’s assertion that the secured claim of the instant right to collateral security does not exist or the extinctive prescription expires.

B. The Defendant’s assertion 1) lent KRW 40 million to B on July 6, 2001, and on May 22, 2002, the Defendant agreed to receive KRW 50 million after offering the real estate owned by the Defendant as security upon B’s request on May 22, 2002. The instant right to collateral security was established as security. (2) The Defendant agreed to extend the payment period between B and B on May 22, 2015.

3. Determination

(a) The right to collateral security shall be established only with the maximum amount of the debt to be secured and, as a mortgage which is created by reserving the determination of the debt in the future, with the aim of securing a certain limit for multiple unspecified claims arising from continuous transactions in the future settlement