A. On February 23, 1981, the registration of ownership transfer was completed with respect to the land of 1303 square meters in Gu, Si, Gu, Si, B (hereinafter “instant land”). However, the Plaintiff purchased the instant land from C and completed the registration of ownership transfer under the Plaintiff’s name on March 23, 1988 (hereinafter “instant registration of transfer”).

B. However, on March 5, 1980, prior to the completion of the registration of transfer No. 1, the name of the defendant was completed on the ground of the gift as of January 28, 1980, and the ownership transfer registration No. 3616 of the Daegu District Court (hereinafter “instant transfer registration”) was completed on the ground of the non-registered land No. 3616 of the Daegu District Court, and thereafter, upon filing a lawsuit against the defendant, E, the heir of the network D, who donated the instant land, etc. to the defendant, filed a claim for cancellation of the ownership transfer registration as of April 12, 1990 (hereinafter “instant pre-registration”), the Daegu District Court completed the pre-registration of cancellation of ownership registration No. 3496 of the non-registered land of this case (hereinafter “instant pre-registration”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 3 evidence, Eul 4-2

2. Plaintiff’s assertion and judgment

A. The gist of the assertion is that the Plaintiff purchased the instant land and completed the registration of ownership transfer. Since the Plaintiff neglected the registration of ownership transfer under the name of the Defendant, which was lower than the instant prior notice registration, and thereby obstructing the Plaintiff’s exercise of ownership, the Plaintiff is entitled to claim the exclusion of disturbance based on the land ownership, thereby seeking implementation of the procedure for the registration of prior notice and the cancellation of the registration of the second transfer registration.

B. The determination of the application for the cancellation registration of this case is made only by the commission of the court, and the cancellation registration can only be made by the commission of the court or the official authority of the registry official, and there is no room for recognizing the application for the registration to the other party.

As such, the owner of real estate is due to the pre-registration.