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1. The defendant received on November 4, 2004 from Nonparty B on real estate stated in the separate sheet from Daegu District Court.
Reasons
1. Facts of recognition;
A. On April 10, 207, 2007, Gyeongbuk Mutual Savings Bank filed a claim for loans against B with the Daegu District Court Branch Branch of 2007Gadan932, and rendered judgment from the above court that B shall pay to the Plaintiff the amount of KRW 45 million and the amount of KRW 14.8% per annum from September 10, 2004 to October 9, 2004, and the amount of 21% per annum from the next day to the date of full payment. The above judgment was finalized on May 26, 2007, and the Plaintiff succeeded to the above judgment claim.
B. On November 4, 2004, B completed on November 2, 2004, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) between the obligor B and the maximum debt amount of KRW 30,000,000, and the debtor’s establishment of a mortgage (hereinafter “registration of creation of a mortgage of this case”). However, as of the date of closing argument of this case, the small property exceeds the positive property.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, 2-2, and 2-3, the Korea Federation of Banks, the Korea Federation of Banks of this Court, the results of fact-finding against the Ministry of Land, Infrastructure and Transport, and the purport of all pleadings
2. The assertion and judgment
A. The plaintiff asserts that the secured debt of this case does not exist or is null and void as a registration by false conspiracy, and even if not, even if not, the extinctive prescription of the secured debt has expired, the defendant asserts that the secured debt of this case was completed by leasing KRW 30,000,000 to B several times prior to 10 years in fact, and that the registration of creation of a mortgage of this case was completed in order to secure the secured debt of this case
B. The judgment is a mortgage created 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 to secure a certain range of unspecified claims arising from a continuous transaction in the future, it is separate from the creation of the right to collateral security.