1. The instant lawsuit shall be dismissed.

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

1. The plaintiff asserted that the construction of new factory was carried out by the defendant and completed the registration of establishment of a mortgage in the name of the defendant on the real estate owned by the plaintiff for the purpose of securing the advance payment.

Since then, the plaintiff completed the new construction of the defendant's factory, and the construction cost is no longer settled and the plaintiff's debt against the defendant exists, so the non-existence of the construction is sought.

2. We examine the legitimacy of the instant lawsuit.

The benefit of confirmation as a requirement for the protection of rights in a lawsuit for confirmation of confirmation is permissible when there is a danger in existence in the plaintiff's rights or legal status, and the judgment of confirmation is the most effective and appropriate means to solve the dispute.

However, since the Plaintiff’s ultimate objective of the instant lawsuit is to cancel the Defendant’s establishment registration of a mortgage, the Plaintiff, in order to achieve the aforementioned objective, shall file a lawsuit against the Defendant seeking the declaration of consent against the third party if there is a third party who has an interest in the cancellation of the registration when seeking the cancellation of the establishment registration of a mortgage on the part of the Defendant. The mere seeking the confirmation of the existence of the obligation based on the mortgage contract cannot be deemed a valid and appropriate means to resolve the dispute. Thus, the instant lawsuit is unlawful because there is no benefit in protecting the rights.

3. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's lawsuit of this case is unlawful.