The defendant on November 15, 2019, among the Busan District Court's registry offices, concerning each real estate listed in the attached list to the plaintiff.

1. Facts of recognition;

A. On June 20, 2014, the Plaintiff completed the registration of transfer of ownership on each real estate listed in the separate sheet on May 26, 2014.

B. On November 15, 2019, the Busan District Court completed the registration of creation of the lower right in each of the subparagraphs 1 and 40 million won on the real estate stated above the Plaintiff’s ownership (hereinafter “registration of creation of the lower right”) as stated in the Disposition No. 28162, which was received on November 15, 2019 by the Plaintiff, the mortgagee, the Defendant of the right to collateral security, and the Defendant of the claim amounting to KRW 1.4 billion.4 billion.

[Ground for recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. The judgment of the court below 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 (Article 357(1) of the Civil Act), and since it is a security right established for securing a certain limit from a continuous transactional relationship to a certain amount in the future, there must be a legal act establishing a secured claim against the secured claim separate from the act of establishing the secured claim (see Supreme Court Decision 2003Da70041, May 28, 2004, etc.). When it is confirmed that there is no secured claim against the secured claim, registration of the establishment of the secured claim must be cancelled. In the event there is no legal act claiming that there is no legal act establishing the secured claim against the secured claim at the time of the establishment of the secured claim, the burden of proving the existence of such legal act is on the part of claiming the existence of such legal act, and if there is insufficient proof as to such legal act, it has

In doing so, the obligation to cancel the registration of creation of the right to collateral security (see, e.g., Supreme Court Decision 2015Da225011, Sept. 12, 2017). The evidence submitted, including the evidence Nos. 7 and 8, was merely a legal act between the Plaintiff and the Defendant to establish the secured claim.