1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The registration of transfer of ownership in the name of D arising from the sale of each of the instant real estate by auction was completed as a result of the Defendant’s voluntary auction, even though the Plaintiff fully repaid the secured debt arising from the registration of establishment of a mortgage in the name of the Defendant, which was completed on the shares of the Il Heavy Construction Co., Ltd. (1/3) among the instant real estate asserted by the Plaintiff.

Therefore, in order to enforce the procedure for cancellation of the registration of transfer of ownership in the name of D, which is null and void of the cause, it is necessary to confirm the absence of the secured obligation against the defendant.

2. A lawsuit seeking confirmation on the legality of a lawsuit is recognized where obtaining a judgment of confirmation is the most effective and appropriate means when the legal status of the plaintiff is unstable and dangerous, and a lawsuit seeking performance may be brought, despite the fact that filing a lawsuit for confirmation is not a final solution of a dispute, and thus there is no benefit in confirmation.

(See Supreme Court Decision 2005Da60239 Decided March 9, 2006). In addition, since the subject of confirmation in a lawsuit for confirmation requires the present right or legal relationship, barring any special circumstance, it is not recognized as the existence of a previous right or legal relationship. Thus, when a lawsuit seeking confirmation of non-existence of a secured obligation of the right to collateral security is cancelled, it would not be the benefit of confirmation as to the past right or legal relationship (see Supreme Court Decision 2012Da17585 Decided August 23, 2013). As long as a judgment was obtained against a party other than a successful bidder, it cannot be deemed as an effective and appropriate means to resolve the plaintiff's right or legal status unstable, so long as the effect of the judgment cannot be seen as a valid and proper means to resolve the plaintiff's right or apprehension of legal status, it cannot be said that there is a benefit of confirmation.

(See Supreme Court Decision 92Da43821 delivered on June 29, 1993, etc.) The written evidence Nos. 1 and 2 and the entire pleadings are all written.