1. The defendant shall accept on July 25, 2005, the registration office of the Seoul Southern District Court with respect to the real estate stated in the attached list to the plaintiff.

1. On July 25, 2005, the Plaintiff completed on July 25, 2005, the registration of establishment of a collateral security right (hereinafter “instant collateral security right”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) on July 25, 2005, the maximum debt amount of KRW 60,000,000, and the establishment of a collateral security right (hereinafter “instant collateral security right”).

[Ground of recognition] Facts without dispute, Gap-1's entry, purport of whole pleadings

2. The assertion;

A. The Plaintiff’s assertion is either established without a legal act that establishes the secured claim, or even if the secured claim exists, even if the secured claim has expired on July 24, 2015, and thus, the Defendant seeks implementation of the procedure for registration of cancellation of the instant secured claim against the Defendant.

B. The defendant asserted that the plaintiff lent the purchase price of KRW 51 million to the plaintiff at the time when the plaintiff purchased the real estate of this case, and the above loan claims have not been completed after the due date has not been specified. The defendant requested withdrawal of the auction application under the condition that the plaintiff reimburses the defendant with the defects in the application for auction for exercising the security right to the real estate of this case, which constitutes a waiver of the approval of the obligation or waiver of the prescription interest

3. Determination

A. The judgment on the invalidity of the instant right to collateral security is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the obligation in the future. Since it is a security right established for securing a certain limit from a continuous settlement term in the future, there must be a legal act establishing the secured claim of the right to collateral security separately from the act of establishing the right to collateral security, and the burden of proof as to whether there was a legal act establishing the secured claim of the right to collateral security at the time of the establishment of the right to collateral security has been asserted

Supreme Court Decision 209No. 24.12