1. The defendant shall accept, on June 19, 2009, the Suwon District Court with respect to the land size of 1,342 square meters prior to Ischeon-si, Leecheon-si.

1. Basic facts

A. The registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) was completed on June 19, 2009 with respect to the size of 1,342 square meters owned by the Plaintiff, Suwon District Court, Leecheon-si, Leecheon-si, the registry office of 28496, which was received on June 19, 2009, the maximum debt amount of KRW 30 million, the mortgagee, the Defendant of the right to collateral security, and the grounds for registration, which was concluded on June 19,

B. On April 9, 2003, the Plaintiff filed a lawsuit for divorce and division of property against the Defendant, who is the spouse, but withdrawn the said lawsuit on February 27, 2004. On September 20, 2012, the Seoul Family Court filed a lawsuit for divorce and division of property against the Defendant (the Seoul Family Court 2012Dhap1082) and rendered a judgment on September 4, 2014 that “the Plaintiff and the Defendant shall divorce,” and the said judgment became final and conclusive on the 30th of the same month.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant borrowed KRW 30 million from the defendant and did not pay the above money after the establishment of the right to collateral security of this case. The defendant asserted that since the defendant's loan claims against the plaintiff, which is the secured claim of the right to collateral security of this case, exist, the registration of creation of the right to collateral security of this case should be cancelled, and that the defendant paid KRW 30 million to the plaintiff, so the defendant did not have an obligation to cancel the registration of establishment of the right to collateral security of this case.

B. (1) Determination is a mortgage established by setting 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). Since a security right is established to secure a certain amount of unspecified claims arising from a continuous transaction relationship 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, and at the time of establishing the right to collateral security, the secured claim of the right to collateral is established.