1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff did not have a debt to the Defendant, and did not conclude a contract to establish the right of collateral security stated in the purport of the claim (hereinafter “instant right of collateral security”) as a physical guarantee to secure the Defendant’s obligation. However, since the Plaintiff concluded the instant right of collateral security contract to secure the Plaintiff’s obligation to D, the registration of establishment of the instant right of collateral security should be cancelled due to the absence of such secured obligation.

B. In order to guarantee the Defendant’s obligation as the Defendant D’s obligor, the Plaintiff agreed to set the secured obligation of the instant right to collateral as the Defendant’s obligation against D, and concluded the instant right to collateral security agreement with only the Plaintiff as the Defendant, and completed the registration of establishment of the instant right to collateral security. Therefore, the registration of establishment of the instant right to collateral security is valid.

2. Issues;

A. The content and scope of the secured obligation secured by the right to collateral is determined by a contract between the mortgagee and the right to collateral security (i.e., the right to collateral security) and the right to collateral security (i.e., the right to collateral security). In a case where at the time of establishing the right to collateral security agreement, the agreement between the mortgagee and the right to collateral security (i.e. the right to collateral security) is consistent with the intent to designate the secured obligation secured by the right to collateral and the obligor, even though there is a difference between the actual obligor and the obligor on the document to establish the right to collateral security or on the registry, the right

(Supreme Court Decision 2010Da17840 Decided June 24, 2010). B.

Pursuant to the legal principles seen earlier, the Plaintiff and the Defendant’s obligation to the Defendant at the time of establishing the instant mortgage agreement.