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1. As to each real estate listed in the separate list 1 and 2 to the plaintiffs, the defendant shall register office of Suwon District Court in the separate list 2016.
Reasons
1. Basic facts
A. The deceased F (hereinafter “the deceased”) completed the registration of ownership transfer on November 9, 2015 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
B. On December 16, 2016, the Deceased created the right to collateral security (hereinafter “instant right to collateral security”) stating the maximum debt amount of KRW 200,000,000 as joint collateral with each of the instant real property and the land G in Suwon-gu, Suwon-si as joint collateral.
C. On September 14, 2017, the Deceased died after having left the Plaintiff B, C, and D, who was his or her wife, as his or her wife.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The plaintiffs asserted that the registration of establishment of the right to collateral security of this case was completed by false representation in collusion between the deceased and the defendant, who are the father of the plaintiffs, and thus, the secured claim should be cancelled.
The defendant supported the deceased while maintaining a similar relationship with the deceased for about seven years in de facto marital relations, and the deceased paid 200,000,000 won to the defendant as compensation, etc., and set up the instant collateral security to secure this. Thus, the instant collateral security right is deemed valid.
3. Determination
A. A. The right to collateral security is a mortgage established by settling only the maximum amount of the debt to be secured, and reserving the determination of the debt in the future. Since multiple unspecified claims arising from a continuous transaction are established for the purpose of securing a certain limit in a settlement term in the future, there must be a legal act establishing a secured claim of the right to collateral security separately from the act of establishing the right to collateral security, and the burden of proving the existence of a legal act establishing a secured claim of the right to collateral security at the time the right to collateral
Supreme Court Decision 200