1. The defendant, on February 16, 1997, shall not be held by the Changwon District Court nor be held by the defendant against the non-party B as to each real estate listed in the separate list.

Basic Facts

On December 23, 199, the Plaintiff entered into a credit guarantee agreement between Nonparty B and Nonparty B, the guaranteed amount of KRW 30,000,000, and the guarantee period of KRW 2 years from the date of loan. Accordingly, the Plaintiff borrowed KRW 30,000,000 from the bank agricultural cooperative on December 29, 199.

B caused a credit guarantee accident on October 18, 2001 because it was impossible to repay debts. On October 19, 2001, the Plaintiff paid 36,994,203 won to an immigration control cooperative on behalf of the Plaintiff on October 19, 201.

B On December 16, 1997, on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant, who was the ASEAN on December 16, 1997, completed the registration of the establishment of the creation of each place of the real estate listed in the separate sheet (hereinafter “registration of the establishment of each place of the instant real estate”).

B is currently in excess of obligations, and there is no property other than each of the instant real estates.

[Ground of recognition] There is no dispute, there is no legal act between the plaintiff's assertion B and the defendant to establish the secured claim of each of the instant mortgages of this case between the plaintiff's assertion B and the defendant, and even if there is a existence, the secured claim of this case has already expired.

Therefore, the Plaintiff seeks the Defendant to implement the procedure for registration of cancellation of the registration of the establishment of each of the neighboring mortgages of this case on behalf of the debtor B.

Judgment

Legal doctrine is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future. Since it is a security right established to secure a certain limit from a continuous settlement term in the future, there must be a legal act establishing the secured claim of the right to collateral separately from the act of establishing the right to collateral, and it is a legal act establishing the secured claim of the right to collateral at the time of establishment of the right to collateral.