1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The court's explanation of this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the Plaintiff’s claim did not prove that there was a juristic act establishing the secured claim at the time of its establishment, and even if such juristic act was committed, the secured claim was extinguished by the extinctive prescription period of ten (10) years under the Civil Act or five (5) years under the Commercial Act.

Therefore, the distribution schedule of this case prepared on the premise that the right to collateral security of this case is valid shall be corrected.

B. 1) Determination 1) Whether there was a legal act establishing a secured claim or not, the mortgage is a mortgage established by settling only the maximum amount of the secured claim and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act). Since it is a security right established for the purpose of securing a certain limit from a settlement term of accounts in the future, there is 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 proof as to whether there was a legal act establishing a secured claim of the right to collateral at the time of the establishment of the right to collateral.

(2) The court below held that D created the right to collateral security of this case on September 2, 2004 to secure the above merchandise coupon payment obligation. The court below held that D established the right to collateral security of this case on September 2, 2004 to secure the above merchandise coupon payment obligation. The court below held that D established the right to collateral security of this case on the instant real estate on September 2, 2004.