1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On February 8, 1985, the Suwon District Court’s Seongbuk Branch Office received No. 3629 as to the instant land, and the registration of ownership transfer was completed for each one-fourths of shares in D and three others, and thereafter, the registration of ownership transfer was completed for the entire shares in D as of November 22, 2017 by the same registry office No. 41648 as of November 8, 2008 on the ground of inheritance as of November 22, 2017.

B. Meanwhile, on April 19, 2005, the registration of creation of a mortgage of the instant case, which became the Defendant of the mortgagee, was completed on the ground of a contract for establishing a contract with No. 18303 on April 18, 2005, which was received by the same registry office on April 19, 2005, with the maximum debt amount of KRW 90 million, the debtor D et al. and eight persons, and the mortgagee of a mortgage.

C. On October 20, 2017, the Defendant claimed a loan claim of KRW 150 million against D and eight persons as the secured claim of the instant right to collateral security (the date of lease, April 18, 2005; the due date of repayment December 31, 2005), and filed an application for the auction of real estate rent with Suwon District Court H on the basis of the instant right to collateral security, and received a decision on voluntary commencement of auction on October 24, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. The plaintiff asserts that the registration of creation of a collateral in the instant case is null and void since there is no legal act establishing the secured debt in the instant case.

In regard to this, the defendant asserts that the registration of establishment of mortgage of this case is valid since the land of this case was registered under title trust to the non-party D and the non-party D and was purchased under their names, and was managed by the establishment of the mortgage of this case.

3. The determination of 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), which is a certain period for the settlement of accounts in the future.