1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. During the lawsuit seeking the execution of the procedure for restoring and registering the ownership of a neighboring mortgage and the declaration of consent for the registration of the recovery thereof, which was cancelled without any ground for determination as to the lawfulness of the instant lawsuit, the right to collateral security established on the sold real estate is naturally extinguished, if the auction procedure was conducted regarding the real estate which is the object of collateral security and the decision of permission for sale became final and conclusive and if the purchaser paid the sale price in full, the right to collateral security established on such sold real estate is naturally extinguished (see, e.g., Supreme Court Decision 2013Da28025, Dec. 11, 2014). The same applies to the lawsuit seeking partial transfer of the registration of the ownership of a neighboring mortgage.

However, according to the facts indicated in this court and the evidence No. 11, the registration of creation of the instant real estate was cancelled on November 13, 2009 due to the public sale, and it is evident that the ownership of the instant real estate was transferred to E Co., Ltd. in the above public sale procedure. Thus, the Plaintiff, as the Plaintiff, has no legal interest in seeking the cancellation of the registration of creation of the instant real estate, and thus, the instant lawsuit is unlawful.

2. If so, the plaintiff's lawsuit of this case is unlawful and dismissed. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. It is so decided as per Disposition.