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

A lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to determine a lawsuit for confirmation as a confirmation judgment to eliminate such apprehension and danger when the legal status of the plaintiff is unstable and dangerous.

Therefore, even though a lawsuit seeking implementation may be filed, it is not a final solution of the dispute, and therefore there is no benefit of confirmation.

(2) In a lawsuit for confirmation, barring any special circumstance, it is necessary to confirm the existence of past rights or legal relations, barring any special circumstance. The lawsuit for confirmation of non-existence of the secured obligation of the right to collateral security (see Supreme Court Decision 2012Da17585, Aug. 23, 2013). The Plaintiff asserted that the secured obligation of the right to collateral security of the instant case was extinguished upon the completion of the establishment registration of the right to collateral security of the instant case on March 28, 2005, and that the statute of limitations expired on March 28, 2005, which was ten years from March 28, 2005.

However, comprehensively taking account of the overall purport of the arguments in the statements Nos. 4, 5, and 6-1, and 6-2, the Plaintiff filed an application for a compulsory auction against the instant real estate with Jeju District Court F, and the above court made a decision to commence a compulsory auction on August 25, 2016, and thereby the auction procedure for the instant real estate (hereinafter “instant auction procedure”) was in progress. The execution court decided to permit the sale of the instant real estate in the pertinent auction procedure, and distributed the amount out of the proceeds from the sale of the instant real estate on the distribution date.