1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 9, 2007, the Plaintiff completed the registration of ownership transfer on the grounds of sale on December 28, 2006, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. As to each of the instant real estate on February 2, 2007, on the grounds of the contract to establish the right to collateral security on January 26, 2007, ① the establishment of the right to collateral security (hereinafter “establishment of the right to collateral security”) was registered on the basis of the following: (i) the maximum debt amount of KRW 50 million; (ii) the establishment of the right to collateral security (hereinafter “establishment of the right to collateral security”); (iii) the establishment of the right to collateral security (hereinafter “the right to collateral security”); (ii) the establishment of the right to collateral security (the right to collateral security); and (iv) the right to collateral security (the right to collateral security); and (iii) the right to collateral security (the right to collateral security); and

C. On February 16, 2017, the registration of the establishment of a neighboring mortgage in the name of D was cancelled on the ground of termination.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. There is no legal act between the Plaintiff’s assertion and the Defendant to establish the secured claim of the instant right to collateral security.

In electively, the secured claim of the instant right to collateral security was extinguished by the completion of prescription due to the Defendant’s failure to exercise his right for ten years from January 26, 2007, which was the date of the contract on the registration of creation of the instant right to collateral security.

Therefore, the Plaintiff seeks the cancellation of the registration of the establishment of the neighboring mortgage of this case to the Defendant.

B. In the event the establishment registration of a mortgage on the instant mortgage was completed on the basis of the existence of the secured claim or the establishment registration of a mortgage on the instant mortgage, the registration is presumed to have been lawful and to have publicly announced the state of true rights, and thus, the party who asserts that the registration was unlawful is responsible to prove the counter

(See Supreme Court Decision 2000Da72763, Apr. 10, 2001). However, the right to collateral security is determined only the maximum amount of the obligation to be secured, and the determination of the obligation is deferred in the future.