1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition as the basis;

A. Nonparty D owned 1098 square meters (hereinafter “instant land”) prior to Gangseo-gun, Gangwon-gun, Gangwon-do.

B. As to the instant land, D completed the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with the head of Chuncheon District Court (Seoul District Court Decision 9489, August 16, 2017, the maximum debt amount of KRW 15,00,000, and the debtor D (hereinafter “instant right to collateral security”).

C. On August 24, 2018, the Defendant filed an application for a voluntary auction of real estate with the Chuncheon District Court for the execution of the right to collateral security based on the instant right to collateral security, and the voluntary auction procedure for the instant land was commenced.

On April 23, 2019, Nonparty E paid in full the sale price of the instant land and completed the registration of ownership transfer for the instant land. Accordingly, the registration of cancellation was completed as of the above court’s receipt of 400 on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 3, significant facts in this court, purport of the whole pleadings

2. The Plaintiff asserts that even though the secured debt of the instant case was fully repaid, the Defendant did not withdraw the above secured debt and did not withdraw the application for auction, and sought confirmation of the existence of the obligation against the Defendant, first of all, we examine the instant lawsuit ex officio or ex officio.

Inasmuch as the subject of confirmation in a lawsuit for confirmation requires that it be the current rights or legal relations, barring any special circumstance, verification of the past rights or legal relations is not recognized, barring any special circumstance, and a lawsuit for verification of non-existence of the secured obligation of the right to collateral security is filed with respect to the past rights or legal relations when the right to collateral security is cancelled, and there is no benefit of confirmation (see Supreme Court Decision 2012Da17585, Aug. 23, 2013). However, the fact that the instant right to collateral security was cancelled due to the full payment of successful bid price