1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. Facts of recognition;

A. On January 6, 1997, the registration of the establishment of a neighboring mortgage on the instant land owned by the Defendant-type B was completed.

B. The judgment on May 26, 1999 against the plaintiff Eul et al. was rendered (Seoul District Court 97Gahap82864 case) and its judgment became final and conclusive on September 5, 2000.

The plaintiff filed a lawsuit against B, etc. for the extension of the prescription period of the above judgment (Seoul Central District Court 2009Da146757). On July 23, 2010, the above court rendered a judgment that "B, etc. jointly and severally with the plaintiff 489,513,571 won and 414,620,724 won and 17% per annum from May 21, 1997 to January 31, 1998, and 25% per annum from the next day to the day of full payment." The judgment became final and conclusive around September 2010.

(c) B is currently in excess of obligations.

[Ground of recognition] Facts without dispute, entries in Gap 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the establishment registration of the first place of the establishment of the mortgage is null and void for the following reasons, the Plaintiff seeks to cancel the registration of the establishment of the first place of the establishment in subrogation of B.

(1) There was no legal act establishing the secured claim in the first place of the establishment registration of the mortgage.

(2) The establishment registration of the first place of the establishment is based on false claims.

(3) The secured claim in the first place of establishment registration was extinguished upon expiration of the extinctive prescription.

B. (1) The first argument 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. Since it is a security right established for securing a certain range of unspecified claims arising from continuous transactions in the future, there must be a legal act establishing a secured claim of the right to collateral, separate from the act of establishing the right to collateral security, and at the time of establishing the right to collateral security.