1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is C's mother, and the defendant is C's female.

B. On November 12, 2013, each real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by C, the registration of creation of a neighboring mortgage (Article 18362 of the Gwangju District Court, No. 18362 of the Gwangju District Court, hereinafter “instant collateral security registration”) was completed, which was the Defendant’s “the maximum bond amount of KRW 60,000,000, and the debtor C and the Defendant of the mortgagee.”

B. C completed the registration of transfer of ownership on the instant real estate to the Plaintiff on November 29, 2017, on the ground that “The Round Registry of the Gwangju District Court No. 15833, Sept. 28, 2017” was “the Round Office of the Gwangju District Court.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers of evidence available; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the assertion C did not bear any obligation against the Defendant, the registration of the instant collateral security inasmuch as the Defendant completed the registration of the establishment of a new mortgage by falsity, the registration of the instant case must be cancelled as the registration invalidation of the cause

B. In light of the determination, 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 it is a security right established to secure a certain limit in a settlement term for the future several unspecified claims arising from a continuous business relationship, there must be a legal act establishing a secured claim of the right to collateral security separately from the act of establishing the right to collateral security. 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 the right to collateral

(see, e.g., Supreme Court Decision 2009Da72070, Dec. 24, 2009). In light of the aforementioned legal principles, the following facts and circumstances acknowledged by comprehensively considering the following facts and the overall purport of the pleadings in the statement No. 1-1 through No. 7 of E, No. 1-7, supra.