1. The defendant received on June 14, 2001 from the Seoul Western District Court as to each real estate listed in the attached list from the plaintiff.

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 3, and purport of the whole pleadings);

A. As the representative director of B, the Plaintiff, at the Defendant’s request, concluded a contract to establish a collateral security agreement with the Defendant on June 12, 2001 as to each real estate indicated in the separate sheet, with the maximum debt amount of 36.3 million won, the Plaintiff, the mortgagee, and the Defendant-mortgaged mortgage owner, and completed the registration of establishment of a collateral security agreement with the Seoul Western District Court No. 30450, Jun. 14, 2001.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). B.

On July 9, 2007, the defendant acquired the above corporation, such as claims and obligations of Sama Trade Co., Ltd., and changed its trade name into Samaaaki Co., Ltd.

2. The parties' assertion and judgment

A. The plaintiff asserts that the secured claim of this case does not exist, and even if the secured claim of this case exists, the mortgage of this case was extinguished upon the completion of the registration of the establishment of the mortgage of this case for more than 10 years after the completion of the registration of the establishment of the mortgage of this case. The plaintiff asserts that the secured claim of this case of this case was extinguished upon the completion of the extinctive prescription of the secured claim of this case

On the other hand, the defendant asserts that the registration of creation of a new mortgage of this case shall not be cancelled until the above debt is settled, since the plaintiff had already been liable for KRW 33 million to Samra Trade Co., Ltd. on July 2007.

B. 1) The right to collateral security is a mortgage created 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 a security right created for securing a certain limit from a continuous transactional relationship to a certain extent in the future. Thus, the right to collateral security is separate from the act of establishing the right to collateral security.