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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is a creditor who has loans worth KRW 93 million to E.
As to the land stated in the purport of the E’s claim (hereinafter “instant land”), Defendant B was obligated to implement the procedure for cancellation of the registration of the establishment of each of the above neighboring mortgages on behalf of the Plaintiff, on January 25, 2012, the Goyang Branch of the District Court, the Goyang Branch of the High Court, and the Defendant C completed the registration of the establishment of a neighboring mortgage as of May 17, 2012, as of May 17, 2012, and as of May 6312, 2012, the above establishment of a new mortgage was established and completed without the secured obligation of the Plaintiff.
2. Determination as to the defendants' main defense
A. Since the instant land was sold during the voluntary auction procedure for the Defendants’ assertion, and the registration of establishment of the establishment of each of the above neighboring areas under the Defendants’ names was cancelled, the Plaintiff’s claim seeking the cancellation of the registration of establishment of each of the above neighboring areas
B. In the course of a lawsuit seeking the implementation of the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage, if the registration of the establishment of a neighboring mortgage was cancelled on the ground of auction, there is no legal interest to seek the cancellation of the registration of the establishment of a neighboring mortgage (see Supreme Court Decision 2002Da57904, Jan. 10, 203). If the purport of the entire pleadings was added to the entry of the evidence Nos. 2002Da57904, Jan. 10, 203, as to shares of 77.5/2,645, out of the land of this case, Defendant B was the District Court of Kuyang-gu and Goyang-dong District Court No. 7953, Jan. 25, 2012; Defendant C had completed the registration of the establishment of a neighboring mortgage by receipt No. 63126, May 17, 2012; the land of this case was sold to G in the auction procedure of the F real property of this court, and each of this case is unlawful.
3. Conclusion.