1. Revocation of the first instance judgment.

2. The instant action (including the portion of the claim added by this court) shall be dismissed.

3...

1. The basic facts;

2. The reasoning for the court’s argument on this part is as stated in the judgment of the court of first instance, except where the “mortgage” of No. 2 of the judgment of the court of first instance is deemed as the “registration of the instant right to collateral security,” and therefore, it is identical to the corresponding part of the judgment of the court of first instance. Thus, this part is cited in accordance

3. A person, other than a person entitled to make a registration, who obtains a right on the register or is in a position favorable to the form stated in the registration by examining the determination on the part of a claim for cancellation of registration, or making a registration of cancellation, shall not be deemed as an interested party on the register having a direct legal interest in the registration

In addition, Article 23 of the Registration of Real Estate Act provides that registration shall be applied jointly by the person entitled to make a registration and the person obliged to make a registration: Provided, That registration by judgment may be applied solely by the person entitled to make a registration or the person obliged to make a registration. Therefore, a person who is not the

Therefore, it is deemed that there is no benefit of lawsuit to seek cancellation of registration against a person liable for registration who is not a person entitled to registration.

(see, e.g., Supreme Court Decision 2013Da204737, Aug. 27, 2015). Examining the foregoing legal doctrine in light of the foregoing, even if the registration of the instant right to collateral security was cancelled, it is apparent that the Plaintiff, which is only the highest bidder in the auction case, cannot be deemed as having obtained a right on the registry or in a favorable position in terms of the form of registration, and therefore, the Plaintiff cannot be deemed as a person entitled to registration

Ultimately, this part of the claim by the Plaintiff, who is not a person entitled to registration, for cancellation of registration, is unlawful as there is no benefit of lawsuit

4. As to the claim for confirmation of non-existence of a claim, the Plaintiff added the claim for confirmation of non-existence of the secured claim of this case to the court.