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. Basic facts

A. On March 2004, the Non-Construction Co., Ltd. (hereinafter “Non-Construction”) was awarded a contract with the Plaintiff for the construction of a building of a senior citizen hospital in the Jeonbuk-gun B and A’s ground (hereinafter “the instant construction”).

B. On March 30, 2004, the non-construction subcontracted the part of the earth and sand (price 410,000,000) among the instant construction to the Plaintiff, and the part of the structural construction (price 1,434,400,000) to the Plaintiff around June 25, 2004, respectively, around June 25, 2004.

C. Since the Plaintiff, whose financial condition has deteriorated thereafter, failed to pay the construction cost to the construction, the instant construction was suspended on or around December 2004, and the Defendant and the Defendant agreed to execute the instant construction work upon receiving a direct payment for the construction cost from the Plaintiff.

However, even after that, the Plaintiff’s financial situation was no longer available to proceed with the instant construction, the Plaintiff, on April 13, 2005, set forth the instant construction as KRW 498,438,000 and settled accounts.

On the other hand, on January 4, 2005, the Plaintiff completed the registration of the establishment of the creation of the neighboring steel of this case, which was the maximum debt amount of 500,000,000 with respect to the shares of this case to Defendant, Sung Steel Co., Ltd., and C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant mortgage was set up to secure the payment claim of the instant construction works, and the Defendant renounced the instant construction works while underway, and thus, did not incur the secured claim.

Even if it is not so, the extinctive prescription of the secured claim has expired.

Therefore, the registration of the establishment of the neighboring mortgage of this case should be cancelled.

B. 1) Whether a secured claim exists or not is a mortgage established by setting only the maximum amount of the secured debt and reserving the determination of the debt in the future (Article 357(1) of the Civil Act).