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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The premise of the dispute and the summary of the plaintiff's assertion that the defendant had completed the registration of creation of a mortgage (hereinafter "registration of creation of a mortgage of this case") on each real estate listed in the separate sheet owned by the plaintiff, the maximum debt amount of which is 50,000,000 won, and the plaintiff, the mortgagee, the mortgagee, and the mortgagee are the defendant, and there is no dispute between the parties.
The plaintiff asserts that the establishment registration of the mortgage of this case, which is the ground for registration of the establishment of the mortgage of this case, was not concluded, and that the establishment registration of the mortgage of this case should be cancelled as the ground for registration of the establishment of the mortgage of this case
2. Determination
A. There is no evidence to acknowledge that the establishment agreement of the right to collateral security, which is the ground for registration of the establishment of the right to collateral security, was not concluded.
Rather, in full view of the results of the appraisal of an appraiser D’s seal and the purport of the entire argument, the fact that the Plaintiff’s seal affixed on the power of attorney is identical to the Plaintiff’s seal affixed on the register of attorney’s registration among the documents for the application of registration of the right to collateral security (Evidence B No. 1) can be recognized. The Plaintiff’s seal affixed on the certificate for the right to collateral security among the documents for the application of registration is deemed identical to the Plaintiff’s seal affixed on the power of attorney’s seal affixed on
Therefore, this part of the plaintiff's assertion is without merit.
B. Whether a secured claim exists is a mortgage established by setting the maximum amount of the secured debt and reserving the determination of the debt in the future (Article 357(1) of the Civil Act). Since a security right is established to secure a certain amount of unspecified claims arising from a continuous transaction relationship in the future, it is the act of establishing a mortgage.