1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Suwon District Court's Ansan Branch Registry on 2009.

1. Basic facts

A. On September 23, 2009, on the real estate listed in the attached list owned by the Plaintiff (hereinafter “the instant building”), the registration of creation of a mortgage was completed on the basis of a mortgage contract with the maximum debt amount of KRW 66,00,000,000, and the collateral security right holder as the Defendant.

(Y) On September 23, 2009, No. 23820, which was received on September 23, 2009, and hereinafter “the instant mortgage”). (B)

On January 12, 2012, C, the Plaintiff’s mother, entered into a lease agreement with the Defendant on the third floor of the building on the D ground (100,000,000,000) at the time of strike, and entered into a special agreement with the Defendant that “The provisional attachment at the time of strike at the time of the establishment of the lease shall be terminated, and the creation of the collateral mortgage on the building at the time of king of the instant case shall be terminated immediately.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. On November 3, 2008, the Plaintiff’s mother C awarded a contract for the construction of the building on the land owned by the Defendant on November 3, 2008, but the instant mortgage was established on September 23, 2009 for the purpose of preserving a part of the construction price to be paid to the Defendant. Thereafter, C and the Defendant agreed to terminate the instant mortgage contract on the instant building on January 12, 2012 when concluding a lease contract for KRW 100,000,000 of the lease deposit for the building in the Guangju City in order to pay the remainder of the construction price to the Defendant. Thus, the mortgage contract on the instant building should be revoked. (2) Since the Defendant had concluded a lease contract for the building in the Guangju City, but did not complete the registration of the establishment of a lease on a deposit basis, the instant mortgage should not be revoked.

B.1) Determination 1) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act).