The judgment of the court below is reversed.

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

The plaintiff shall bear the total costs of litigation.

The grounds of appeal are examined.

In the event that the registration of cancellation is entirely inconsistent with the substantial relationship in the original or latter place, registration made for the purpose of legally extinguishing the entire registration. Therefore, there is no legal interest to seek cancellation for the registration already cancelled.

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003, and Supreme Court Decision 2006Da72802 Decided February 26, 2009, etc.). According to the records, the registration of creation of a mortgage in the instant case where the Plaintiff seeks against the Defendant to implement the procedure for registration of cancellation was cancelled on the ground of termination on June 9, 2016, which is the day before the closing of argument in the lower court.

Therefore, the Plaintiff does not have any legal interest in seeking cancellation of the registration of creation of a neighboring mortgage of the instant case, and the instant lawsuit is unlawful as there is no benefit in the lawsuit.

Nevertheless, the judgment of the court below, which entered the merits, is erroneous in the misapprehension of legal principles as to the interest in litigation in the registration of cancellation.

The ground of appeal pointing this out is with merit.

Therefore, without further proceeding to decide on the remaining 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. The total costs of the lawsuit are assessed against the plaintiff and the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.