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1. The Plaintiff:
A. Defendant B shall assist Suwon District Court with respect to the real estate stated in the attached list.
Reasons
1. Basic facts
A. As to the real estate indicated in the attached list owned by the Plaintiff (hereinafter “instant real estate”), a mortgage agreement was concluded with Defendant B, which provides for KRW 150,000,000 with respect to the pertinent real estate, on October 24, 2013. On October 25, 2013, the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed with the Suwon District Court No. 111435, Oct. 25, 2013.
B. Defendant C obtained the decision of provisional seizure (this Court 2015Kadan2011) on the instant collateral security claim and completed the registration thereof.
C. Defendant C filed a lawsuit claiming loans against Defendant B by this Court 2015Gadan2210, and obtained a favorable judgment on May 13, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
A. There is no dispute that the establishment registration of the instant real estate was completed with respect to the instant real estate without any particular loan between the Plaintiff and the Defendant B (Defendant B was present at the second date for pleading and recognized all the Plaintiff’s assertion), and Defendant B is obligated to cancel the establishment registration of the instant real estate to the Plaintiff.
B. A claim against Defendant C is a mortgage created by setting the maximum amount of the debt to be secured, and reserving the determination of the debt in the future. Since multiple unspecified claims arising from continuous business relations are established for the purpose of securing a certain limit in a settlement term for the future, it must be a legal act establishing a secured claim of the right to collateral separate from the act of establishing the right to collateral. The burden of proving the existence of a legal act establishing the secured claim of the right to collateral at the time of the establishment of the right to collateral is on the part of claiming its existence
(See Supreme Court Decision 2009Da72070 Decided December 24, 2009). Where a claim with a right to collateral security is provisionally seized, a claim with a right to collateral security is provisionally seized.