1. The Plaintiff:

A. As to the land indicated in the annexed Form “Real Estate Indication”, Defendant Substitute Machinery Co., Ltd.

1. Basic facts

A. B, on July 31, 1999, when the owner of the land indicated in the attached Form “Indication of Real Estate” (hereinafter “instant land”), was the owner of the land, the disposition No. 1 regarding the instant land with the obligor B, the mortgagee B, the mortgagee of the right to collateral security, the maximum debt amount of the land amount of KRW 99,00,000,00.

The registration of the establishment of a neighboring mortgage mentioned in the subsection was completed.

(B) The registration of the establishment of a neighboring mortgage is “the creation of a neighboring mortgage of this case” and “the instant collateral security” based on the registration of the establishment of a neighboring mortgage of this case.

The Plaintiff purchased the instant land from B on September 18, 2001, and received the registration of ownership transfer on September 21, 2001.

C. On September 23, 2015, Defendant Changwon seized the secured debt of the instant right to collateral security, and accordingly, on September 30, 2015, the additional registration on the establishment registration of the instant right to collateral security was made.

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

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the secured obligation of the instant right to collateral security is the obligation to pay the price for the goods on the Defendant’s establishment machinery. As such, the prescription period is three years, and the obligation to pay the goods on the Defendant’s establishment machinery has expired three years with the lapse of three years. Therefore, the instant right to collateral security should be cancelled as the secured obligation does not exist, and the Defendant Changwon who attached the secured obligation of the instant right to collateral security should express his/her intention to accept the cancellation of the instant right to collateral security.

B. The relevant legal doctrine is a mortgage established by setting only 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 Code), which is established for the purpose of securing a certain range of unspecified claims arising from a continuous transaction relationship in the future.