1. The defendant on November 2, 1991, as to each real estate listed in the separate sheet to the plaintiff.

1. Basic facts

A. On October 22, 1990, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On November 2, 191, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate to the Defendant on November 1, 1991, with the maximum debt amount of KRW 30 million, the debtor, the debtor, and the mortgagee as the Defendant on November 1, 1991.

C. On February 12, 2018, the Defendant applied for a voluntary auction on the instant real estate to Chuncheon District Court, which was based on the instant right to collateral security C, and received a voluntary auction decision on February 12, 2018, and the said voluntary auction procedure is in progress.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserts that "the secured debt of this case was nonexistent or even if there was existence, the prescription expired, so the defendant is obligated to implement the procedure for registration of cancellation of the registration of establishment of a mortgage of this case to the plaintiff."

In regard to this, the Defendant asserts to the effect that “The extinctive prescription of the above claim has been interrupted by demanding the resolution of the above claim with the Plaintiff, etc. several times with respect to the existence of claim equivalent to KRW 23 million against the Defendant D as the secured claim of the instant mortgage.”

3. Determination of the right to collateral security is a mortgage established by setting only the maximum amount of the obligation to be secured and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act). Since multiple and unspecified claims arising from continuous transactions are established for the purpose of securing a certain limit in the future settlement period, there is a legal act establishing a secured claim of the right to collateral security, separate from the act of establishing the right to collateral security, and it establishes the secured claim of the right to collateral security at the