The judgment below

Of the attached list of real estate, the primary claim concerning the real estate and machinery and appliances as shown in the attached list.

The grounds of appeal are examined.

1. The primary claim shall be considered ex officio.

A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infeasible danger, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see, e.g., Supreme Court Decision 2007Da69407, Dec. 14, 2007). The Plaintiff acquired a mortgage-backed claim from a new bank (hereinafter “new bank”) that is the mortgagee of the instant building, etc., and sought confirmation of the non-existence of a right of retention around the Defendant who claimed a right of retention in the real estate auction procedure.

However, according to the records, on January 11, 2016, after the judgment of the court below was rendered, the Geum River Development Co., Ltd. (hereinafter “ Geum River Development”) acquired the ownership of the instant land, etc. in the public sale procedure under the disposition of arrears on January 11, 2016, and at the same time, the registration of transfer of ownership in the name of Geum River Development was made on January 21, 2016, and at the same time the registration of establishment of a new bank was cancelled. The fact that the court of execution revoked the decision of voluntary commencement of auction and decided to dismiss the request for auction on February 2, 2

It is reasonable to view that there is a legal interest to seek confirmation of the absence of a right of retention against a person who acquires a right of retention or a transferee of a right of collateral in an auction procedure that the amount of distribution of the mortgagee is reduced or the sale of the collateral itself becomes impossible because the right of retention is asserted in the auction procedure.

(see, e.g., Supreme Court Decision 2013Da99409, Mar. 10, 2016). As can be seen, a legal interest seeking confirmation that no lien exists for the Plaintiff who acquired the right to collateral, if the ownership of collateral was transferred and the right to collateral was extinguished due to the sale of collateral during the public auction procedure.