1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is the owner of 1,342 square meters prior to C in the Kuju-si (hereinafter “instant land”).

B. As to the instant land, the Defendant completed the establishment registration of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant establishment registration”) on December 12, 2005, under Article 81770, which was received on December 13, 2005.

C. On October 4, 2013, the Defendant filed an application for voluntary auction of the instant land based on the instant collateral security, and the registration of the registration of the original branch of the Chuncheon District Court on October 7, 2013, and the registration of the decision on voluntary auction rendered on October 4, 2013, which was based on the ground for registration of the decision on voluntary auction rendered on October 4, 2013.

2. Determination on the application for cancellation of registration of the establishment of a neighboring mortgage

A. The Plaintiff asserted that the Plaintiff sold the instant land to the Defendant on or around December 12, 2005, as the owner of the instant land, and received full payment at that time.

However, in order to prevent the Plaintiff from arbitrarily disposing of the instant land instead of completing the registration of ownership transfer for the purpose of resale and immediate transfer to a third party, the Defendant only completed the registration of establishment of the instant neighboring land in the name of the Defendant.

Nevertheless, the defendant asserts the existence of the loan claim and executes the right to collateral security, and as seen above, the establishment registration of the right to collateral security should be cancelled because it is the establishment registration of the right to collateral security completed without the secured claim.

B. Determination of the Defendant’s assertion on the secured claim is 1) A mortgage created by setting only the maximum amount of the secured claim and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act). A large number of unspecified claims arising from a continuous business relationship are in the future settlement period.