1. The defendant shall receive, on January 17, 200, the Gwangju District Court's Yeongdeungpo-gun C, 1990 square meters from the plaintiff.

1. The Plaintiff completed the registration of transfer of ownership on January 17, 200 with respect to the 1990 square meters in Yong-gun, Yong-gun, Yong-gun (hereinafter “instant real estate”). The Defendant completed the registration of creation of a collateral security (hereinafter “instant collateral security”) under the Disposition No. 1 of this case (hereinafter “instant maximum debt amount”) with respect to the instant real estate on the ground of a contract signed on January 12, 2000.

[Ground for recognition] Unsatisfy

2. Since the Plaintiff’s assertion that the secured claim of the instant mortgage does not exist, the instant right to collateral security should be cancelled.

3. The judgment of the court below is a security right which is established by settling only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, and is established with the purpose of securing a certain limit from the continuous transactional relationship in the future. Thus, there must be a legal act establishing a secured claim of the right to collateral separately from the act of establishing the right to collateral, and the burden of proof as to whether there was a legal act establishing a secured claim of the right to collateral at the time of establishing the right to collateral exists

(See Supreme Court Decision 2009Da72070 Decided December 24, 2009). However, the Defendant did not assert any assertion or evidence as to the fact that there was a legal act establishing the secured claim of the instant right to collateral security, and the Defendant is obliged to implement the procedure for registration of cancellation of the establishment of the instant right to collateral security.

4. In conclusion, the claim of this case is justified and it is so decided as per Disposition.