1. The defendant on January 22, 1981, concerning each real estate listed in the separate sheet to the plaintiff.

Facts of recognition

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

B. On January 21, 1981, the Plaintiff entered into a contract with the Defendant for supply of inland feed from the Defendant, and on January 21, 1981, the Plaintiff entered into a mortgage contract with the Defendant with a view to securing the Plaintiff’s obligation to pay for the Plaintiff’s feed (hereinafter “mortgage contract of this case”). On January 22, 1981, on the ground of the instant mortgage contract, the Plaintiff completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) on the basis of the instant mortgage contract with the Defendant on January 22, 1981.

C. In concluding the instant mortgage contract, the Plaintiff and the Defendant did not set forth any particular provision regarding the term of the right to collateral security or the term of settlement of transactions.

As the Plaintiff discontinued breeding around 1988, the feed supply transaction between the Plaintiff and the Defendant was terminated. At the time, the Plaintiff did not have any obligation against the Defendant.

E. On May 3, 2017, the instant complaint containing an expression of intent to terminate the instant mortgage contract, which served to the Defendant.

[Based on the recognition, in cases where a contract for the settlement of accounts is established in a contract which provides for the duration of the right to collateral security or a basic contract which provides for the right to collateral security, the obligation secured by the right to collateral security (Article 150(3) and (1) of the Civil Procedure Act) shall be finalized in principle at the time when the period of the settlement of accounts comes into existence or at the time when the period of the settlement of accounts comes into existence. However, if the period of the settlement of accounts or

(See Supreme Court Decision 2005Da74108 delivered on April 28, 2006, etc.). The right to collateral security in the instant case is a right to collateral security.