1. The instant lawsuit shall be dismissed.

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

1. The plaintiff asserted that the plaintiff filed the lawsuit of this case in subrogation against B as the creditor who acquired executive title by applying for a payment order for transfer money as Busan District Court's branch court's 2016M228000, and as the creditor who acquired executive title, and the defendant filed the lawsuit of this case in subrogation of B in order to preserve the claim against B. The defendant, on March 4, 2003, as to the real estate listed in the separate sheet owned by B (hereinafter "the real estate of this case") on the ground of a mortgage contract on March 4, 2003, Gyeongsan District Court's 9449, which was received on March 4, 2003 (hereinafter "the creation registration of the neighboring mortgage of this case"). In light of the fact that the above establishment registration was not taken measures to exercise the security right after the lapse of 10 years from the completion of the establishment registration, even if there was no legal act to establish the secured claim, or even if such legal act was done, the establishment registration of the

2. Determination

(a) If the registration of the establishment of a neighboring mortgage was cancelled on the ground of auction among lawsuits seeking the implementation of procedures for the cancellation of registration of the establishment of a neighboring mortgage, no legal interest exists to seek the cancellation of the registration of the establishment of a neighboring mortgage;

(See Supreme Court Decision 2007Da34135 Decided September 6, 2007). B.

In light of the health stand and evidence No. 7 as to the instant case, the Plaintiff filed the instant lawsuit on February 12, 2018. At the creditor’s request, the Plaintiff filed the instant lawsuit on August 11, 2017, and at the creditor’s request, the registration of ownership transfer was completed under D’s name on the ground of sale as of April 27, 2018, for the instant real estate in the procedure of voluntary auction at the Daegu District Court Cright on the instant real estate commenced on August 11, 2017, and the cancellation of the registration of ownership transfer. In light of the aforementioned legal principles, the instant lawsuit seeking the cancellation of the registration of establishment of the neighboring real estate was unlawful as there is no legal interest.

3. Conclusion