1. The instant lawsuit shall be dismissed.

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

1. The defendant asserts that the lawsuit of this case is unlawful, since the right to collateral security was cancelled due to auction during the lawsuit of this case, the lawsuit of this case is unlawful.

In the course of a lawsuit seeking the cancellation of registration of the establishment of a neighboring mortgage, there is no legal interest in seeking the cancellation of registration of the establishment of a neighboring mortgage (see Supreme Court Decision 2002Da57904, Jan. 10, 2003). In full view of the purport of pleading in the statement No. 23 of the evidence No. 23, the instant real estate was subject to the instant mortgage agreement with the maximum debt amount of KRW 159,00,000, and the mortgagee as the defendant on Oct. 12, 2011; the instant real estate was voluntarily decided to commence the auction on Jan. 31, 2019; the registration of the voluntary commencement of auction was completed on Feb. 1, 2019; the real estate was revoked on May 14, 2014; and thus, there was no interest in the auction procedure of this case.

2. According to the conclusion, the Plaintiff’s lawsuit of this case is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.