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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to B one half of each share of the real estate listed in the attached list.
Reasons
1. Basic facts
A. On August 20, 198, the Plaintiff entered into a credit guarantee agreement with F Co., Ltd. F (hereinafter “F”) on the loan of discounted bills from Korea Exchange Bank, and F accordingly was discounted by B from Korea Exchange Bank.
B. F on October 24, 198, a guarantee accident occurred in the Republic of Korea. The Plaintiff performed the guaranteed obligation related to the discount of bills issued by B on April 3, 1989.
C. B on November 23, 1992, on each half of the real estates listed in the separate sheet, filed a registration with the Daegu District Court No. 98116 on each of the real estates listed in the separate sheet with the Defendant, who is son of the Republic of Korea, for the establishment of a mortgage of KRW 50 million.
(hereinafter “Registration of the instant collateral security”).
D. On September 27, 2002, the Plaintiff received a judgment that “B shall pay to the Plaintiff KRW 53,765,516 and delay damages therefor” in Seoul District Court Decision 2001Kadan298485, and subsequently, received a judgment on August 23, 2013 with the same content as Seoul Western District Court Decision 2012Ga21984, which was brought for the extension of the extinctive prescription.
E. B does not have any property other than the real estate listed in the separate sheet.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading
2. The assertion and judgment
A. A. A mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of an obligation in the future. Since it is established with a view to securing a certain limit in a settlement term for the future several unspecified claims arising from a continuous transaction, there must be a legal act establishing a secured claim of the right to collateral separate 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 establishment of the right to collateral
Supreme Court Decision 209No. 24.12