The costs of appeal are assessed against the plaintiffs.

If it is not recognized that the plaintiff has a right to seek cancellation of the registration completed under the name of the defendant against the defendant, even if the registration of the defendant's name is an invalidation registration to be cancelled, the plaintiff's claim cannot be accepted.

(See Supreme Court Decision 98Da17831 delivered on February 26, 199). A real estate co-owner may not seek cancellation of ownership transfer registration on the ground that the preservation act of the jointly owned property is an act of preserving the jointly owned property, even if the registration of ownership transfer, which is completed in the name of a third party with respect to the shares owned by another co-owner, is null and void.

(See Supreme Court Decision 2009Da67429 Decided January 14, 2010). The lower court acknowledged the facts as indicated in its reasoning, and determined that the Plaintiffs’ claim based on this premise cannot be deemed as an act of preserving jointly owned property, on the ground that the registration of transfer of shares completed in the name of AE and Defendant R, Q, T, S, and I for part of the instant site divided from the instant seven commercial buildings among the aggregate buildings constructed on the ground of AB site in Seo-gu AA complex (hereinafter “instant site”).

Examining the reasoning of the judgment of the court below in light of the facts duly established by the court below and the records of this case, the above share transfer registration exists.