1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts and the grounds for the court's explanation on this part of the parties' arguments are as follows: " July 2, 2009" in Part 3 of the first instance court's decision "No. 2009" "No. 14, 2009," "No. 15, 2009," "No. 12, 2007" in Part 4 No. 11, "No. 10, 2007, 10. 10," "No. 23, 24," and "No. 2, No. 8 of the second instance court's decision No. 8, "No. 33," are added to "No. 2, 2009," and the corresponding part of the judgment of the first instance court (No. 6 through No. 10, No. 10, 2009) and Article 420 of the Civil Procedure Act shall be quoted as it is in accordance with the main sentence of Article 120.

2. Determination

A. 1) During the auction procedure for exercising the security right based on the right to collateral security, if the debtor files a lawsuit on the merits against the creditor seeking cancellation of the registration of creation of a neighboring mortgage, on this basis, the debtor is liable to compensate for damages arising from the suspension of the auction procedure for a provisional disposition under Article 507(2) of the former Civil Procedure Act (Article 46(2) of the current Civil Execution Act), which is equivalent to a provisional disposition under Article 505(2) of the same Act (Article 46(2) of the current Civil Execution Act), and the auction procedure was suspended accordingly, and the judgment against the debtor in the lawsuit on the merits became final and conclusive, its legal relations are similar to the execution of an unfair preservative measure, and thus, it is presumed that the debtor had intention or negligence on the part of the debtor who filed an application for provisional disposition, unless there is any special counter-proof to the damages arising from the suspension of the auction procedure (see, e.g., Supreme Court Decision 98Da2684, Feb. 23, 2001).