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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Since the registration of establishment of a neighboring mortgage which was completed on January 25, 2007 on the real estate listed in the separate sheet (hereinafter “the instant real estate”) between Defendant B and D was completed without any cause, the registration of establishment of a neighboring mortgage which was completed on January 25, 2007 by the Goyang-gu District Court, Goyang-dong Office, the Goyang-dong Office, and the Goyang-dong Office, which was completed on January 25, 2007, was conducted without any cause, the secured debt does not exist. In addition, the registration of establishment of a right to collateral security completed on March 16, 2010 by Defendant B and Defendant C as the former registry office, which was completed on March 15, 2010, as the underlying debt, the transfer of the right to collateral security (hereinafter “instant real estate”).
2. Determination
A. The subject matter of a lawsuit for confirmation and the subject matter of a lawsuit for confirmation are not necessarily limited to a legal relationship between the original and the Defendant, but also the legal relationship between the original and the third parties or between third parties. However, according to such legal relationship, the confirmation of such legal relationship is required to be immediately determined by a confirmation judgment between the original and the Defendant by making it the subject matter of confirmation in order to eliminate the risks and apprehensions caused by existing risks and defects in the Plaintiff’s rights or status. In addition, the benefit of confirmation is the most effective means.
B. (See, e.g., Supreme Court Decision 94Da23388, Nov. 8, 1994).
Of the evidence presented by the Plaintiff regarding the interest in confirmation in this case, there is no evidence to acknowledge that the Plaintiff is the owner of the instant real estate, and otherwise there is no evidence to prove that there was any existing risk or apprehension in the Plaintiff’s rights or legal status due to the registration of establishment of a mortgage in the name of the Defendants registered in the registry of the instant real estate and the legal relationship causing the registration of establishment of a mortgage in the name of the Defendants. Thus,