1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff received the payment order (No. 2008 tea 45), 47,907,122, stating that “B shall pay KRW 86,879,444 to the Plaintiff,” respectively, the Plaintiff received the payment order (No. 2008 tea 47, 15,536,664, and the payment order (No. 201 Kugju District Court Decision 2013 tea 924) with the purport that “B shall pay KRW 86,879,444 to the Plaintiff.” The above payment order became final and conclusive.

B. On July 4, 2007, B entered into a contract to establish a mortgage with the Defendant on each of the real estate listed in the separate sheet (hereinafter “the instant mortgage”) and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 50 million to the Defendant, as the receipt of No. 10708 on July 5, 2007, the Gwangju District Court head of the Gwangju District Court rendered the Defendant’s interest support.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant mortgage did not have any secured claim from the beginning, or the secured claim expired by prescription.

Therefore, the plaintiff seeks the cancellation of the registration of the establishment of a neighboring real estate recorded in the attached Form to the defendant on behalf of the debtor B.

B. The Defendant had a wage and a loan claim against Defendant B, and set up the instant collateral security right to secure the said claim.

In addition, the Defendant newly accepted the loan certificate only once every two years in order to prevent the extinction of the prescription period of the secured claim, and on September 10, 2016, KRW 5 million and KRW 300,000,000 on June 18, 2018, the secured claim of the instant secured claim of the instant secured claim was not completed.

3. Determination

A. The secured debt of the instant right to collateral security is a mortgage created by setting only the maximum amount of the secured debt and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), which is a certain period for settlement of accounts in the future.