1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that, in order to secure this by leasing KRW 60,00,000 to the Defendant, his mother C, who was his own mother, completed the registration of creation of a mortgage over the amount of KRW 60,00,000 (hereinafter “the registration of creation of a mortgage over the instant case”) with the maximum debt amount as of April 27, 2010, as the receipt of Article 9607 from the Gwangju District Court, Youngnam-gun District Court (hereinafter “the registration of creation of a mortgage over the instant case”). However, the Plaintiff inherited the loan claim against the Defendant on December 19, 2016, the Defendant is liable to pay the Plaintiff the above loan amount of KRW 60,00,000,000 and delay damages therefor.

2. According to the evidence Nos. 2 and 3 of the judgment of the court below, each of the following facts are acknowledged: (a) the registration of the establishment of a mortgage near the instant building, as alleged by the plaintiff, was completed; and (b) the co-inheritors of C, on March 2, 2018, were the Plaintiff’s sole inheritance of the loan claims against the Defendant; and (c)

However, in the event of the completion of the establishment registration of a neighboring mortgage, the registration is deemed to have been lawful and to have publicly announced the real state of rights. Therefore, the other party who asserts that the registration was unlawful is responsible to prove the opposing facts that could reverse the presumption power. However, the presumption power in the establishment registration of a neighboring mortgage is presumed to have been duly made by the titleholder of the registration or by lawfully acquiring the right to collateral or meeting the valid requirements in the procedure of the establishment of the right to collateral security, which is the grounds for registration, and is not presumed to have been established or existed.

In other words, 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 established with a view to securing a certain limit from a settlement term in the future.