1. The instant lawsuit shall be dismissed.

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

1. Judgment on the plaintiff's assertion

A. Since the mortgage of this case was established on the land owned by the Plaintiff’s assertion, this should be cancelled.

B. There is no legal interest in seeking cancellation of the registration of creation of a neighboring mortgage, if the registration of creation of a neighboring mortgage was cancelled on the ground of auction during the lawsuit seeking the implementation of the procedure for registration of cancellation of the registration of establishment of a neighboring mortgage.

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003). In full view of the purport of the entire pleadings in the statement No. 1, the right to collateral security of this case is recognized as cancelled on November 3, 2016 due to sale from voluntary auction procedure (this court D). Thus, the benefit of the lawsuit of this case is not recognized.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.