1. The part of the judgment of the court of first instance concerning the Defendants is revoked.

2. The plaintiff's lawsuit against the defendants is dismissed respectively.

3...

1. Basic facts

A. On April 12, 2011, with respect to the instant building, the procedure for compulsory auction was commenced as Cheongju District Court Assistance G for Chungcheong District Court, and thereafter, on September 17, 2012, upon the Plaintiff’s application, the said procedure was commenced, and the said procedure was joined into the said procedure for compulsory auction on September 17, 2012.

(hereinafter “instant auction procedure”). B.

In the instant auction procedure, the Defendants reported each lien on each of the instant buildings on July 201, and around November 11, 2014, the instant building was sold to K, and thereafter the distribution procedure was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 15, the purport of the whole pleadings

2. Benefits of confirmation;

A. The risk of the decrease of the amount of dividend due to the successful bid on the basis of the declaration of lien is an unstable legal status of the mortgagee in the auction procedure. As such, the interests of the mortgagee who removes such apprehension cannot be considered as a mere economic interest, so the mortgagee has legal interest to seek confirmation of the non-existence of the lien.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the non-existence of a right of retention as to the non-existence of a right of retention, as otherwise alleged in the ground of appeal. In so doing, it did not err by misapprehending the legal principles as to the non-existence of a right of retention, as otherwise alleged in the ground of appeal.

B. However, as seen earlier, the instant auction procedure had already completed the distribution procedure, and thus, the Plaintiff, the mortgagee of the instant building, has no interest in seeking confirmation of the absence of a lien by the Defendants.

The defendants' assertion pointing this out is with merit.

3. If so, the plaintiff's lawsuit against the defendants is unlawful and thus, it shall be dismissed. Among the judgment of the court of first instance, the defendants' decision is unfair and its part is revoked.