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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420
2. Whether the lawsuit of this case is legitimate or not is asserted by the plaintiff that all secured debts of the registration of creation of a neighboring mortgage of this case were repaid, and the plaintiff sought the cancellation thereof ex officio. We examine the legitimacy of the lawsuit of this case.
When the registration of the establishment of a new mortgage was cancelled on the ground of auction while the lawsuit seeking the cancellation of the registration procedure for the establishment of a new mortgage was pending, there is no legal interest in seeking the cancellation of the registration of the establishment of a new mortgage.
(See Supreme Court Decision 2002Da57904 Decided January 10, 2003, Supreme Court Decision 2007Da34135 Decided September 6, 2007, etc.). The building of this case was sold in the course of voluntary auction in Suwon District Court L and M (Dupl) in the course of the lawsuit of this case. Accordingly, the fact that the registration of creation of a mortgage of this case against the defendant was cancelled due to the sale due to the same day of auction was recognized by the purport of entry and pleading of evidence No. 1, and that the registration of creation of a mortgage of this case, which the plaintiff seeks to cancel against the defendant, has no legal interest in claiming the cancellation of the registration of creation of a mortgage of this case, and the lawsuit of this case is unlawful as there is no legal interest in the plaintiff's lawsuit of this case.
3. Thus, the plaintiff's lawsuit of this case is dismissed as it is inappropriate, and the judgment of the court of first instance is unfair as it is concluded differently, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and dismissing the lawsuit of this case.