1. On October 201, 201, the Defendant issued a registration office of Suwon District Court with respect to the real estate in the attached list No. 1 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On December 30, 201, the Plaintiff and the Defendant entered into a mortgage-backed contract with a maximum debt amount of KRW 90,000,000,00 as a collateral for all obligations, such as the loan, etc. owed by the Plaintiff against the Defendant, with respect to each real estate listed in the separate sheet of real estate and the housing of KRW 661 square meters in the wife population C and its ground reinforced concrete structure, as indicated in the separate sheet of real estate,

C. On October 25, 201, the registration of creation of a mortgage for the following reasons: (a) the maximum debt amount of KRW 52,500,000 for the establishment of a mortgage for the Plaintiff, the mortgagee, and the mortgagee; and (b) the registration of creation of a mortgage for the establishment of a mortgage for the same day on the grounds of a contract to establish a mortgage for the establishment of a mortgage on the same day on October 25, 2011; and (c) the same maximum debt amount of KRW 90,00,000 for the same day

In addition, with respect to the real estate listed in the separate list Nos. 2, 3, and 4, each contract to establish a contract dated December 30, 2011 was completed on January 2, 2012 with the maximum debt amount of KRW 90,00,000, the debtor, the plaintiff, and the mortgagee as the defendant, respectively.

(2) Each of the above collateral security rights (hereinafter referred to as "each of the above collateral security rights of this case"). [Grounds for recognition] The facts of no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff asserted that the Plaintiff borrowed KRW 48,000,000 from D, and there is no fact that the Defendant borrowed money. Thus, each of the instant secured claims should be cancelled due to the absence of the secured claim.

B. The Defendant asserted that the Defendant lent KRW 35,00,000 to the Plaintiff via D, on October 25, 201, the principal amount of KRW 35,00,000, and KRW 60,000 on December 30, 201, respectively, and created each of the instant collateral security rights with the maximum debt amount of KRW 52,50,000,000, each of the above amounts of KRW 150,000, as the maximum debt amount.

3. Determination

(a)the right to collateral security determines only the maximum amount of the debt to be secured and determine the debt;