근저당권설정등기말소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Determination on the defense prior to the merits
A. Since the registration of the establishment of the instant real estate in the course of the instant lawsuit was cancelled due to the sale by discretionary auction during the process of the lawsuit, the instant lawsuit shall be dismissed as there is no interest in the lawsuit.
B. There is no legal interest in seeking the cancellation of the registration of creation of a neighboring mortgage if the registration of creation of a neighboring mortgage was cancelled on the ground of successful bid while the lawsuit seeking the implementation of the registration procedure for cancellation of the registration of creation of a neighboring mortgage was pending.
In full view of the purport of the entire pleadings in the statement No. 202Da57904, Jan. 10, 2003, the court below issued a voluntary decision to commence the auction on Oct. 14, 2019 upon the Defendant’s application, which was the mortgagee of the right to collateral security of the instant real estate, with respect to the instant real estate. The instant real estate was sold to a third party on July 10, 2020 from the above auction procedure, and the establishment registration of the instant real estate was revoked as a cause of sale due to the same day auction. Thus, there is no benefit in the lawsuit seeking the implementation of the procedure for cancelling the registration of the establishment of the right to collateral security of the instant real estate.
2. The conclusion of the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.