The judgment of the first instance shall be revoked.

Among the instant lawsuits, the primary claim and the ancillary claim added by the court.

1. Whether the lawsuit in this case is lawful

A. The registration of cancellation refers to a registration that is executed for the purpose of legally extinguishing the entire registration in a case where all the registered matters of a certain registration are inconsistent with the substantive relationship in the original or latter place. 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.) B.

According to the overall purport of the statement and pleading of No. 6 (including the paper number), it can be acknowledged that the registration of creation of a neighboring mortgage of this case, which the Plaintiff sought against the Defendant for the implementation of the procedure for registration of cancellation due to the reasons stated in the claim in the main and conjunctive claim, was cancelled as of December 3, 2019, which was before the closing of argument in the trial.

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.

2. As such, the lawsuit of this case shall be dismissed in its entirety, and the judgment of the court of first instance on the main claim shall be dismissed in its entirety, since it is unfair to conclude otherwise, the judgment of the court of first instance shall be revoked and the main claim of this case shall be dismissed in its entirety. It is so decided as per Disposition.