1. The defendant received on February 5, 2004 from the registry office of the Gwangju District Court with respect to the real estate stated in the attached list from Nonparty B.

1. Facts of recognition;

A. As of November 6, 2014, the Plaintiff holds a claim against Nonparty B in KRW 20,308,852.

B. On February 5, 2004, Nonparty B registered the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate indicated in the attached list to the Defendant on February 5, 2004, at the registration office of the Gwangju District Court, Nonparty B registered the establishment of the right to collateral security (hereinafter “instant right”) with the amount of maximum debt amount of KRW 84 million with respect to

C. Nonparty B is currently insolvent in which the small property exceeds active property.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 10

2. The parties' assertion

A. In the Plaintiff’s primary assertion, there is no secured claim of the instant mortgage, and even if the secured claim exists in the conjunctive, since the extinctive prescription of the instant secured claim of the instant secured claim has expired, the instant secured claim of the instant secured claim should be cancelled. The Plaintiff seeks to cancel the registration of establishment of the instant secured claim by subrogation of B who is the debtor in order to preserve the Plaintiff’s claim as the creditor against B.

B. The defendant's assertion is the creditor of D, and D, one of its denial E and B, asserted that the real estate of this case was provided as collateral and became a collateral of this case.

3. Determination

A. We examine whether the secured claim is established or not, the secured claim is established, and the secured claim is established by settling 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 multiple unspecified claims arising from the continuous business relationship are established for the purpose of securing a certain limit at a settlement period in the future, there should be a legal act establishing the secured claim of the secured claim of the secured claim separately from the act of establishing the secured claim. It is a legal act establishing the secured claim of the secured claim