1. The defendant shall accept the registration of the Incheon District Court and September 11, 1991 with respect to the real estate stated in the attached list to the plaintiff.

1. Facts of recognition;

A. On September 11, 191, 191, the Plaintiff’s spouse, completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant housing”) as the registration of the Incheon District Court and No. 108950 on September 11, 1991, the establishment of a neighboring mortgage (hereinafter “the creation of a mortgage of this case”) with the maximum debt amount of KRW 15 million on September 11, 1991.

B. C died on May 16, 2008, and the Plaintiff completed the registration of ownership transfer solely due to inheritance by consultation and division on June 3, 2008 with respect to the instant housing on May 16, 2008.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion of the instant mortgage does not exist or even if the secured claim exists, the extinctive prescription expires, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the instant mortgage to the Plaintiff.

B. On September 10, 1991, the Defendant’s assertion C, by borrowing KRW 10 million from the Defendant, acquired D 7,587 square meters of forests and fields (hereinafter “instant land”) in the city of Singu, Singu, which is an inherited property in the lawsuit, at the time of the transfer registration, 200 square meters among them, and was set up the instant collateral security right to secure the compensation for damages or the said loan in the event of failure to implement it.

However, since the Plaintiff, who is C and his heir, did not deliver to the Defendant documents necessary for the registration of transfer of ownership as to 200 square meters of the land of this case, or did not repay the above loan, the secured debt of this case still exists and its prescription has not expired.

3. Determination

A. 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, which is separate from the act of establishing the right to collateral security.