(영문) 대법원 2015.2.12.선고 2014다66116 판결

The judgment of the first instance court shall be revoked and the lawsuit of this case shall be dismissed. All costs of the lawsuit shall be borne by each party.

Reasons

Before determining the grounds of appeal, we examine it ex officio.

The cancellation registration refers to a registration that is executed for the purpose of legally extinguishing the entire registration in a case where a certain registered matter is entirely inconsistent with the substantive relationship in the original or latter place. As such, there is no legal interest to seek cancellation of the registration already cancelled (see, e.g., Supreme Court Decision 2006Da72802, Feb. 26, 2009).

According to the records, since the provisional registration of this case and the establishment registration of a new mortgage against the Defendants were revoked due to a compulsory auction on November 12, 2014 during the period in which the judgment of the court of final appeal was rendered after the judgment of the court below, the provisional registration of this case and the establishment registration of a new mortgage against the Defendants were revoked due to the compulsory auction during the period of final appeal, the Plaintiff did not have any legal interest in seeking the cancellation of the provisional registration of this case and the establishment registration of new mortgages, and therefore, the lawsuit of this case

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient for the court to directly render a judgment, the judgment of the court of first instance is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.