1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. The Defendant’s judgment on the Defendant’s main defense asserts that the registration of the establishment of the establishment of the neighboring establishment of the instant lawsuit was revoked during the instant lawsuit’s continuation, and that the instant lawsuit is unlawful as there is no benefit

If the registration of the establishment of a neighboring mortgage was cancelled on the ground of auction during the lawsuit seeking the implementation of the procedure for registration of the cancellation of the registration of the establishment of a neighboring mortgage, there is no legal interest in seeking the cancellation of the registration of the establishment of a neighboring mortgage (see, e.g., Supreme Court Decision 2002Da57904, Jan. 10, 2003). According to the evidence No. 4, the registration of the establishment of a neighboring mortgage of this case was cancelled on the ground of sale by compulsory auction on June 5, 2014. Thus, the lawsuit of this case seeking the cancellation of the registration of the establishment of a neighboring mortgage of this case is unlawful as there is no legal interest in the lawsuit.

Therefore, the defendant's above assertion is justified.

2. The decision of the court of first instance is unlawful and thus, it is unfair to dismiss the lawsuit of this case, and the decision of the court of first instance is to accept the defendant's appeal and to dismiss the lawsuit of this case. It is so decided as per Disposition.