The judgment of the court below is reversed.

The judgment of the first instance shall be revoked, and the lawsuit of this case shall be dismissed.

The plaintiff's total costs of litigation.

The grounds of appeal are examined ex officio before judgment.

If the registration of creation of a mortgage was cancelled while the lawsuit seeking the cancellation of registration procedures for the establishment of a mortgage was pending, there is no legal interest in seeking the cancellation of the registration of creation of a mortgage.

(2) According to the records, the registration of the establishment of a new mortgage in the neighborhood of this case, where the Plaintiff seeks the implementation of the cancellation registration procedure against the Defendant, was cancelled on April 25, 2018, which was before the first instance judgment was rendered, and the remainder was cancelled on December 19, 2019, which was in the course of the final appeal after the lower judgment was rendered. In so doing, it can be seen that the registration of the establishment of a new mortgage was cancelled on the ground of expropriation on December 19, 2019.

Therefore, the judgment of the court below cannot be maintained as it is, inasmuch as the instant lawsuit seeking the implementation of the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage in this case is unlawful or unreasonable as there is no benefit of lawsuit.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient to directly render a judgment, the judgment of the court of first instance shall be revoked, and the lawsuit of this case shall be dismissed, and the total costs of the lawsuit shall be borne by the plaintiff. It is so decided as per Disposition by the assent of all participating Justices on the bench.