1. The instant lawsuit shall be dismissed.

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

We examine the defendant's defense of this case.

The Plaintiff completed the registration of the instant right to collateral security on January 28, 2015 for C with respect to the instant real estate owned by the Plaintiff, but on the ground that the Defendant did not lend KRW 50,000,000 to C and did not exist, the Plaintiff filed a claim for the cancellation of the said registration of collateral security on the ground that the secured claim did not exist.

However, there is no legal interest in seeking the 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 sale during the lawsuit seeking the implementation of the registration procedure for cancellation of the establishment of a neighboring mortgage.

(See Supreme Court Decision 201Da37001 Decided April 26, 2013). At the same time, the fact that the registration of collateral security in this case was cancelled ex officio on March 28, 2019 in the D voluntarily auction procedure for the instant real estate by the court, and at the same time, the registration of collateral security in this case was terminated on March 28, 2019, is obvious or obvious to this court.

Therefore, it is inappropriate to seek cancellation of the registration of the instant collateral security, which was already cancelled by the Plaintiff, because there is no benefit of lawsuit, and thus, it is so decided as per Disposition.