1. The defendant shall accept on April 28, 1995 the registration office of the Gwangju District Court with respect to the real estate stated in the attached Form to the plaintiff.

1. The fact that the establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) was completed on April 28, 1995 by the registry office of the Gwangju District Court No. 17183, Apr. 28, 1995, against the maximum debt amount of KRW 50 million with respect to the said real estate (hereinafter “the instant real estate”) and the debtor’

2. The allegations by the parties and the determination thereof

A. The Plaintiff’s regular period, which is the obligor of the instant right to collateral security, is the Plaintiff’s former husband, and the establishment of the instant right to collateral security in order to secure a pecuniary obligation that may be borne by the Defendant due to the business relationship with the Defendant around 1995, was completed on a regular period and around 1995. As such, the instant right to collateral security should be cancelled depending on the extinction or non-existence of the secured obligation, and even if not, the extinctive prescription of the secured obligation should be cancelled.

B. The Defendant’s assertion that the instant right to collateral security was established for the purpose of securing the right to rent claims arising from the lease and use of construction machinery owned by the Defendant. As the instant right to collateral security remains over KRW 100 million, and the period of time is recognized by recognizing the Defendant’s obligations, the extinctive prescription has not expired.

C. Determination of the 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 debt in the future. Since it is a security established for securing a certain limit in a settlement term for the future several unspecified claims arising from a continuous transaction, there must be a legal act establishing 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 right to collateral security at the time of establishment of the right to collateral security.