1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

ex officio, we examine the legitimacy of the instant lawsuit.

The plaintiff asserts that since the secured debt of the registration of the establishment of a neighboring mortgage in the name of the defendant was fully repaid or the extinctive prescription has expired, the registration of the establishment of a neighboring mortgage should be cancelled.

However, according to the purport of Gap evidence No. 1 and the whole pleadings, it is recognized that the defendant completed the registration of creation of mortgage over each of the instant real estate on October 4, 1978, the maximum debt amount of five million won, the debtor B, and the defendant completed the registration of creation of mortgage over the debtor Eul on June 14, 1990 with respect to each of the instant real estate.

In the event of the completion of the additional registration due to the transfer of the establishment registration of the neighboring mortgage, the transferor shall seek against the transferee the cancellation of the establishment registration of the neighboring mortgage, and therefore, the transferor shall not be qualified as the defendant with regard

(1) The instant lawsuit filed against the Defendant, who is the transferor of the right to collateral security, is unlawful, since it was filed against a non-qualified person. (2) Therefore, the instant lawsuit against the Defendant, who is the transferor of the right to collateral security, is unlawful.

The lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.