1. As to the real estate stated in the attached list to the plaintiff, the defendant shall be the Busan District Court's Dong Branch of Busan District Court.

1. Basic facts

A. On October 22, 2014, the Plaintiff requested the Seoul Central District Court to issue a payment order with respect to B, stating that “B shall pay 122,590,165 won jointly and severally with C and 11,000,000 won which is calculated at the rate of 20% per annum from December 7, 2003 to the date of full payment,” and the said payment order was finalized on October 22, 2014.

B. Meanwhile, on the other hand, on the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”), the establishment registration of a neighboring establishment in the Defendant’s name, which was based on No. 62890 on December 13, 1996, the maximum debt amount of KRW 150,000,000, was completed.

(hereinafter, the registration of creation of a neighboring mortgage in the name of the defendant was made (hereinafter referred to as the "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim).

2. Determination

A. The summary of the parties’ assertion (1) The instant secured claim did not exist at the beginning of the Plaintiff’s assertion, or the secured claim expired by prescription.

Therefore, the plaintiff seeks cancellation of the registration by subrogation, who is the owner of the real estate of this case.

(2) The defendant alleged on December 13, 1996 lent KRW 100,00,000 to B at an annual interest rate of 5%. Since the right to collateral security in this case was made to secure the above right, the defendant cannot respond to the plaintiff's request.

B. The judgment of the court below is a mortgage which only set the maximum amount of the debt to be secured, and reserving the determination of the debt in the future. Thus, separate from the act of establishing the right to collateral, there must be a legal act establishing the secured claim of the right to collateral. The burden of proving whether there was a legal act establishing the secured claim of the right to collateral at the time of establishing the right to collateral

(Supreme Court Decision 2010Da107408 Decided April 28, 201, and Supreme Court Decision 2009Da72070 Decided December 24, 2009, etc.). They return to the instant case.