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

A. On May 28, 2007, the Defendant entered into a housing construction project including the instant apartment, and completed a supplementary registration with respect to the instant apartment on May 28, 2007, stating that “it is prohibited from establishing any transfer or provisional disposition on the instant apartment without the consent of the prospective occupants, or imposing any restriction on ownership such as seizure, provisional seizure, provisional disposition, etc. on the relevant apartment” (hereinafter “instant supplementary registration”).

B. The apartment of this case is a case where there is no prospective occupant or 60 days have elapsed from the date of occupancy notified by the project undertaker to prospective occupants, and the defendant did not perform the procedure of cancellation registration of the supplementary registration of this case.

C. As the defendant's creditor, the plaintiff applies for the registration of cancellation of the above additional registration by subrogation of the defendant.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Article 57 of the Registration of Real Estate Act provides that a third party who has an interest in the registration shall give consent to the cancellation when there is a third party who has an interest in the registration. The term "third party who has an interest in the registration" under the above provision is a person who is formally recognized by the entry in the register that is likely to cause damage as a right holder on the registration that is likely to cause damage by making a cancellation registration (see Supreme Court Decision 2005Da43753, Apr. 27, 2007). A lawsuit seeking consent to the cancellation registration against a person who is not such a person is unlawful since the lawsuit seeking consent to the cancellation is against a person who has no standing as a party.

(2) The records of this case are recorded, but the defendant is a project proprietor at the time of the supplementary registration of this case, and the registration of ownership transfer concerning this case's real estate is registered.