The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

1. Basic facts

A. The Plaintiff completed the attachment registration on September 7, 192 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) for which the registration of ownership transfer was completed in the name of D, and E and the Defendant C completed the registration of the establishment of a neighboring mortgage with the joint mortgagee No. 5572, Jun. 26, 1990, as the joint mortgagee No. 5572, which was received on June 26, 1990, as the maximum debt amount of KRW 9.9 million, the maximum debt amount of KRW 573,00,000 on the same day as the registration of the establishment of a neighboring

(hereinafter referred to as “each of the instant collateral security”). B.

On September 3, 2019, G purchased the instant real estate at the above auction procedure and completed the registration of ownership transfer on July 8, 2020, when the instant lawsuit was pending, the registration of establishment of each of the instant real estate was revoked on the grounds of sale.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, Eul evidence 2-3, the purport of the whole pleadings

2. As to the lawfulness of the instant lawsuit, the Plaintiff asserted that each of the instant mortgages should be cancelled due to the extinction of the statute of limitations, and filed a claim against the Defendant A, B, and Defendant C, the heir of the instant case, by subrogation of D, for cancellation of the registration of creation of each of the instant mortgages on behalf of D. However, there is no legal interest in seeking cancellation of the registration of creation of a neighboring mortgage on the ground of sale (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003) where the registration of creation of a neighboring mortgage was cancelled on the ground of sale during the lawsuit seeking the implementation of the registration of cancellation of the registration of creation of a neighboring mortgage on the real estate whose establishment of a mortgage was completed and the sales price was paid in full, and thus all of the rights in the registration of the establishment of a neighboring mortgage are extinguished.