1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The instant real estate was owned by C.

B. The registration of alteration was completed on October 11, 2001 with respect to the real estate in the instant case as the debtor C, the debtor, the maximum debt amount of which was KRW 89,000,000, and the establishment registration was completed in the Defendant’s future on the ground that the establishment registration was completed on the part of the debtor (hereinafter “the establishment registration of the creation of the creation of the first place neighboring to the instant case”), and on the ground of the assumption of obligation on October 11, 2001, with respect to the debtor as D Co., Ltd. (the former E Co., Ltd.; hereinafter “instant company”).

C. On July 22, 2003, the registration of ownership transfer was completed in the Plaintiff’s future on the ground of “donation on June 28, 2003”

On March 22, 2011, the registration of creation of a superficies was completed on March 2, 201 by the debtor, the company of this case, the maximum debt amount of which is KRW 137,800,000, and the registration of creation of a superficies was completed on March 22, 2011 by the same registry office as the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage of this case”) and the registration of creation of a superficies was completed on March 22, 2011 by the same registry office.

hereinafter referred to as "registration of creation of superficies of this case"

(i) [The facts without dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings.

2. The registration of creation of superficies of this case was completed for the registration of establishment of a mortgage of this case, and the registration of establishment of superficies of this case should be revoked, since there is no debt against which the registration of establishment of mortgages of this case was completed prior to the establishment of mortgages of this case.

3. Determination

A. 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 Act). It is a security right established for securing a certain range of unspecified claims arising from a continuous transaction relationship in the future.