A. B is an owner of 1/28 shares of each of the respective real estates listed in the separate sheet (each of the instant real estates).

B. The Plaintiff has a claim against B for reimbursement of KRW 27,169,832 and damages for delay.

C. On July 23, 1999 with respect to each of the instant real estates owned by B, the registration of the establishment of a neighboring mortgage was completed in accordance with Article 23627 of the Incheon District Court’s Dongcheon Registry of Dongcheon-gu, Incheon District Court’s receipt of the registration office of Dongcheon-gu, Seoul, and KRW 100,000,000.

(Registration of the establishment of a neighboring property of this case)

The foregoing right to collateral security was transferred in sequence to D, E on June 29, 2001, to F on July 7, 2006, and thereafter was transferred to the Plaintiff on May 9, 201.

[Ground of recognition] Facts without dispute, evidence A1 through 2 (including paper numbers), the purport of the whole pleadings

2. Judgment as to the main claim

A. The right to collateral security 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), and is established with the aim of securing a certain limit at a settlement term in the future. Thus, separate from the act of establishing the right to collateral security, there is a legal act establishing the right to collateral security, and the burden of proof as to whether there was a legal act establishing the right to collateral security at the time of establishing the right to collateral security at the time of establishing the right to collateral security exists.

(See Supreme Court Decision 2009Da72070 Decided December 24, 2009). B.

In this case, there is no evidence to acknowledge that there was a legal act establishing the secured debt of the establishment registration of the mortgage of this case. Thus, the mortgage of this case should be cancelled with its invalidation.

3. If so, the defendant registered the establishment of a neighboring mortgage which was completed on July 23, 199 by the Incheon District Court, Dongcheon Registry, Incheon District Court as to the 1/28 shares of each of the real estate listed in the separate sheet No. 23627.