The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

1. The grounds for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. There is no legal interest in seeking the cancellation of the registration of creation of a neighboring mortgage, if the registration of creation of a neighboring mortgage is cancelled on the ground of auction while a lawsuit seeking the implementation of the procedures for registration of cancellation of the registration of creation of a neighboring mortgage is pending.

(See Supreme Court Decision 2002Da57904 Decided January 10, 2003, etc.). In full view of the overall purport of the arguments in the statements No. 15, No. 22, No. 1, 22, and No. 23, the establishment registration of a neighboring mortgage of this case can be acknowledged as having been cancelled due to a sale by voluntary auction on October 22, 2020. Thus, there is no legal interest to seek the implementation of the procedure for the registration of cancellation against the Plaintiff.

3. In conclusion, the instant lawsuit is unlawful, and thus, the judgment of the court of first instance is revoked and the instant lawsuit is dismissed.