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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
In the course of a lawsuit seeking the cancellation of the registration procedure for the establishment of a new mortgage, there is no legal interest in seeking the cancellation of the registration of the establishment of a new mortgage if the registration of the establishment of a new mortgage was cancelled on the ground of auction.
(2) The registration of creation of a new mortgage in the purport of the claim that the Plaintiff seeks to implement the procedure for registration of cancellation against the Defendant was cancelled on February 21, 2018 due to a compulsory sale by official auction under the process of the instant lawsuit. Thus, the Plaintiff has no legal interest to seek the cancellation of the registration of creation of a new mortgage.
Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.
The instant lawsuit is dismissed.
With respect to the costs of lawsuit, in addition to the above circumstances, there is a dispute over the process of the lawsuit in this case, the scope of the secured debt between the original defendant and the defendant, and considering the process of the lawsuit in this case and the progress of the auction procedure (in particular, the defendant's request for voluntary auction and participated in the auction procedure), the costs of lawsuit in this case shall be borne individually by him
(see Article 99 of the Civil Procedure Act)