The defendant on March 15, 2016, with respect to the real estate stated in the attached list to the plaintiff, machinery, such as official order branch court of Daejeon District Court, etc.

Since the right to collateral security is established for the purpose of securing a certain limit from a settlement term for the future regarding a large number of unspecified claims arising from a continuous transaction, there is a legal act establishing a secured claim of the right to collateral security separately from the act of establishing the right to collateral security (see Supreme Court Decision 2003Da70041, May 28, 2004). The burden of proof on whether there was a legal act establishing a secured claim of the right to collateral security at the time of establishing the right to collateral security exists in the part of claiming its existence

(See Supreme Court Decisions 2009Da72070 Decided April 28, 201, 201; 2010Da107408 Decided April 28, 201). With respect to real estate listed in the separate sheet owned by D, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder was completed on March 15, 2016. After D's death, the Plaintiff completed the registration of the establishment of the ownership of each of the above real estate on October 17, 2016 due to inheritance due to a consultation division as of October 29, 2016. However, since there is no dispute between the parties, or because the Plaintiff denies the existence of a legal act that establishes the secured claim of this case, the Defendant is liable to prove the existence of such legal act.

The defendant asserts that D directly set up the right to collateral security of this case as D's mother's joint and several liability for the plaintiff's failure to pay KRW 120 million after he borrowed KRW 130 million from E, which is the defendant's father and the principal, the plaintiff in a marital relationship with the defendant, and agreed to pay KRW 120 million from selling his house on July 23, 2010.

According to the evidence No. 2, it is recognized that the document establishing the right to collateral security was prepared between D and the defendant at the time of the establishment of the right to collateral security of this case.

However, D and the defendant.