1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. As to the instant real estate owned by the Plaintiff, the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a mortgage of this case”) was completed on November 4, 2010 by the Changwon District Court Seowon District Court (No. 4832, Nov. 4, 2010) with the maximum debt amount of KRW 120 million, the debtor, and the mortgagee D.

B. On September 21, 2011, the Defendant agreed with D to receive the instant collateral security and the secured debt in order to secure the credit against D, and completed the supplementary registration of the transfer of the right to collateral security (hereinafter “instant supplementary registration”) with the Changwon District Court (No. 48493, Sept. 21, 201), which was received on September 21, 201, with respect to the registration of the establishment of the right to collateral security (hereinafter “instant supplementary registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 6, the purport of the whole pleadings

2. The Plaintiff asserted that, around November 2010, the Plaintiff had completed the registration of the establishment of the instant establishment to secure the difference of KRW 120 million between the deposit amount and the deposit amount already paid by the Plaintiff while receiving KRW 200 million from D, the owner of the fraternity.

Then, the Plaintiff paid KRW 437,369,00 in excess of the maximum debt amount of the instant right to collateral security by September 6, 2011 and repaid all the secured debt of the instant right to collateral security, but D completed the instant supplementary registration to the Defendant on September 21, 201, and thus, the Defendant is obligated to perform the procedure for cancelling the registration of cancelling the establishment of the instant right to collateral security.

3. With respect to the right to collateral security with a determination of the maximum debt amount, where the total debt exceeds the maximum debt amount, the effect of the right to collateral security still extends to the remaining debt regardless of the maximum debt amount until the full debt amount is repaid, with respect to the relationship between the mortgagee and the debtor and the person who created the right to collateral security.