1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 19, 2005, with respect to the Plaintiff’s portion of 1/3 of the instant real estate, the establishment registration of the instant collateral security interest with the mortgagee as the Defendant was completed.

B. On December 29, 2005, the registration of the establishment of the neighboring mortgage of the instant case was cancelled.

[Ground for recognition] Unsatisfy

2. Although the Defendant did not actually lend money to the Plaintiff, a certified judicial scrivener D falsely prepared various documents and completed the registration of the establishment of the mortgage of this case.

Therefore, since the secured obligation of the instant mortgage does not exist, it is sought to confirm the absence of the secured obligation.

3. We examine ex officio the legitimacy of this part of the lawsuit.

In a lawsuit for confirmation, the subject of confirmation is the current rights or legal relations. Thus, barring any special circumstance, verification of the past rights or legal relations is not recognized. If a lawsuit seeking confirmation of non-existence of a secured obligation of the right to collateral security is cancelled, then there is no benefit of confirmation as it concerns the past rights or legal relations (see Supreme Court Decision 2012Da17585, Aug. 23, 2013). In light of the foregoing legal doctrine, as seen earlier, the health class and the instant right to collateral security was cancelled on December 29, 2005, and thus, the Plaintiff seeking confirmation of non-existence of a secured obligation of the instant right to collateral security has no benefit of confirmation since it concerns the existence of past rights or legal relations.

Therefore, the instant lawsuit is unlawful.

4. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.