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1. The defendant shall have jurisdiction over shares of 2/3 of the real estate listed in the separate sheet to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff owned 2/3 shares and 1/3 shares as to each of the instant real estate listed in the separate sheet.
B. D Concerning the shares of 2/3 of its own shares among each of the instant real estate, D means the registration of the establishment of a mortgage of the instant real estate by the debtor E and the creditor as the defendant, and "the registration of the establishment of a mortgage of neighboring regions" as the receipt of No. 8733 on January 28, 2011.
(C) On October 21, 2016, the Plaintiff completed the registration of ownership transfer in accordance with the conciliation protocol for the instant case No. 2015Kadan115787 with respect to 2/3 shares, which are D shares, among the instant real estate on October 21, 2016.
each entry, the purport of the whole pleading
2. Judgment on the main argument
A. As to the assertion on false mortgage contract, the Plaintiff asserted to the effect that the registration of establishment of a mortgage of this case was completed by means of a false agreement between D and the Defendant, and thus, should be cancelled. However, the Plaintiff’s assertion on this part is not acceptable on the sole basis of the statement of evidence Nos. 1, 3, and 4 submitted by the Plaintiff, and there is no other evidence to acknowledge it.
B. As to the non-existence of a secured claim, a mortgage is established by setting only the maximum amount of the secured claim and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act). Since multiple unspecified claims arising from a continuous business relationship are established for the purpose of securing a certain limit in the future settlement period, there must be a legal act establishing a secured claim of the secured claim of the secured claim separate from the act of establishing the secured claim. The burden of proof as to whether there was a legal act establishing the secured claim of the secured claim at the time of the establishment of the secured claim is asserted.