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(영문) 대법원 2015.02.12 2014다66116
근저당권설정등기말소등기 등
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

All costs of the lawsuit shall be self-consumed.

Reasons

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

The cancellation registration refers to a registration made for the purpose of legally extinguishing the entire registration in case where any registration is inconsistent with the substantial relationship in the original or latter part, and there is no legal interest to seek cancellation for the registration already cancelled.

(2) According to the records, the provisional registration of this case and the establishment registration of the establishment of a neighboring mortgage against the Defendants was cancelled due to compulsory auction on November 12, 2014 during the period of the final appeal after the judgment of the court below was rendered, since the provisional registration of this case and the establishment registration of a neighboring mortgage against the Defendants were revoked due to a compulsory auction on November 12, 2014 during the period of the final appeal after the judgment of the court below was rendered, the Plaintiff has no legal interest in seeking the cancellation of the provisional registration of this case and the establishment registration of a neighboring mortgage, and therefore, the lawsuit of this case became unlawful as the lawsuit of this case has no benefit in the lawsuit pending in the final appeal

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 shall be revoked, and the lawsuit of this case shall be dismissed, and the total cost of the lawsuit shall be borne by each party. It is so decided as per Disposition by the assent of all participating Justices.

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