A. The instant land is the land subject to the assessment of the network D, the owner of which was indicated in the Land Survey Book, and since the network D, the owner of which was originally acquired, the registration of the preservation of ownership in the name of the Defendant Republic of Korea, which was completed on the instant land, and the registration of the transfer of ownership in the name of Defendant B, which was completed on March 11, 2015, is the registration of the invalidation of each cause.

B. The above circumstances name D is the same person as the Plaintiff’s assistance group E, and the Plaintiff’s assistance group E died on October 30, 1938 and died on March 5, 1979 after the Plaintiff’s assistance group’s death on the part of F, who was his/her head, succeeded to the property again by G, A (Plaintiff), H, and I. The Plaintiff jointly succeeded to the land of this case with the Plaintiff, etc. by jointly succeeding the property of J, K, L, M, N,O, P, and Q, who is his/her wife and his/her lineal descendant. The Plaintiff, one of the co-owners of the land of this case, sought cancellation of each registration against the Defendants by preserving the property based on ownership.

2. Determination as to the claim against the defendant B

A. The judgment of the defendant B based on the presumption of confession is deemed to have been led to confession of the plaintiff's above assertion (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

Where a judgment on the existence of a lawsuit’s interest has been completed in the order of registration of ownership transfer, a lawsuit seeking the cancellation against the final title holder and a lawsuit seeking the registration of ownership transfer against the immediately preceding title holder is not an essential co-litigation, but an ordinary co-litigation, which requires the combined confirmation of a legal relationship. Such a common co-litigation may lead to contradictory conclusion depending on the difference in the method of attack and defense among the co-parties (see, e.g., Supreme Court Decisions 2009Da7076, Sept. 29, 201; 2007Da36445, Jun. 12, 2008). As examined below, the above lawsuit in the name of the Defendant Republic of Korea.