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The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
The plaintiff shall bear the total costs of litigation.
Reasons
Judgment ex officio is made.
In the event that the registration of cancellation is entirely inconsistent with the substantial relationship in the original or latter place, registration made for the purpose of legally extinguishing the entire registration. Therefore, there is no legal interest to seek cancellation for the registration already cancelled.
(2) According to the records, the registration of partial transfer of the right to collateral security as to real estate indicated in the attached list (1) of the lower judgment was cancelled on May 22, 2013, 2013, before the closing of argument in the lower judgment, and on March 15, 2013, the registration of partial transfer of the right to collateral security as to real estate indicated in the attached list (2) of the lower judgment was cancelled on March 15, 2013, before the closing of argument in the lower judgment.
Therefore, the Plaintiff does not have any legal interest in seeking cancellation of the registration of partial transfer of each of the instant collateral security, and the instant lawsuit is unlawful as there is no benefit in the lawsuit.
Nevertheless, the judgment of the court below, which entered the merits, is erroneous in the misapprehension of legal principles as to the interest in litigation in the registration of cancellation.
Therefore, the judgment of the court below is reversed. Since this case is sufficient for the court to directly judge, the judgment of the court of first instance shall be revoked pursuant to Article 437 of the Civil Procedure Act, and the lawsuit of this case shall be dismissed. The total costs of the lawsuit shall be borne by the plaintiff and the defendant. It is so decided as per Disposition by the assent