1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant shall enter the attached Form in the plaintiff.

1. The facts based on which the Plaintiff, on August 2, 2016, completed the registration of creation of a mortgage on the real estate attached to the Defendant (hereinafter “instant apartment”) on the same day, on the grounds that the contract was concluded on the same day. There is no dispute between the parties.

2. On the ground that the Plaintiff did not bear any debt against the Defendant, the Plaintiff, in collusion with the Defendant, concluded a false mortgage agreement with a view to avoiding compulsory execution C, and subsequently completed the establishment registration of the instant mortgage, sought cancellation of the establishment registration of the instant neighboring mortgage and sought confirmation of the non-existence of the secured debt of the instant case.

A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infeasible and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute. In addition, in a case where the person who created the right to collateral security seeks to confirm that there was no obligation of collateral based on the right to collateral security, and seeks to cancel the registration of creation of the right to collateral security, seeking cancellation of the right to collateral security on the ground that there is no obligation of collateral security, is a direct means to resolve the dispute effectively and appropriately. Therefore, it cannot be said that there is a benefit of confirmation to seek confirmation that there is no obligation of collateral

(1) The Plaintiff’s lawsuit seeking confirmation of non-existence of the secured obligation, separate from the cancellation of the establishment registration of the neighboring property of this case, is unlawful as there is no benefit of confirmation.

3. In determining the claim for cancellation of the registration of establishment of a collateral security, the Plaintiff did not have the secured debt of the instant mortgage.