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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. The registration of the establishment of a mortgage of the Plaintiff’s assertion is null and void because the secured debt is nonexistent or based on false conspiracy. Even if the secured debt exists at the time of the establishment of the above registration, the prescription expires thereafter, and thus, is null and void in accordance with the principle of infiniteness. Thus, the Plaintiff’s claim for cancellation of the above registration
B. The judgment of the court below 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 right established for securing a certain limit from a continuous settlement term in the future, there must be a legal act establishing the secured debt of the right to collateral separate from the act of establishing the right to collateral, and the burden of proof as to whether there was a legal act establishing the secured debt of the right to collateral at the time of the establishment of the right to collateral has been asserted its existence
(1) According to each of the following facts: (a) The Defendant remitted KRW 2,700,00 to the agricultural cooperative bank account in July 31, 2001; (b) the Defendant borrowed KRW 3,00,000 on October 31, 2001; and (c) the Defendant borrowed KRW 3,00,000 on November 26, 201; (b) each of the loan certificates (Evidence 1,00,000,000, KRW 2,700,000,000 to the Defendant’s offices issued and delivered to the Defendant on July 31, 2001; and (c) the Defendant possessed each of the notarial deeds (Evidence 1-1,200,000,000, KRW 3,000,000 on November 26, 201; and (c) the Defendant issued and delivered the notarial deed to the Defendant on September 26, 2006.