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

A. On May 17, 1948, the Daejeon Central District Court Decision 327mp (hereinafter referred to as the “instant land”) had completed the ownership transfer registration under the name of the deceased X on the grounds of sale as of May 17, 1948. The Defendants are the inheritors of the deceased X.

B. On November 30, 1972, the registration of ownership transfer was made in the name of the Plaintiff with respect to the area of 109 square meters in Daejeon Jung-gu, Daejeon.

2. The assertion and judgment

A. The Plaintiff’s assertion was restored on May 1, 195, and registered for the preservation of ownership on June 15, 1959 (hereinafter “the preservation registration of this case”). Thereafter, the Plaintiff was divided into the 11th, Y, 77, and 225, and 11th, and 3th, before the Z, and the 11th, before the division, was registered as ownership owned by the State on September 11, 1948, and sold the building to the Plaintiff on May 30, 1971, after the purchase on July 30, 1971, the Plaintiff had completed the registration of ownership transfer on November 30, 1972, and had resided until now.

Therefore, since the registration of transfer of ownership in the deceased’s name constitutes a registration of loss as to the land without existence, the Defendants, the inheritor of the deceased, should cancel the registration according to their inheritance shares.

B. According to Article 39 of the Registration of Real Estate Act, the registration of destruction of land can be applied where the entire land was destroyed. Even if following the Plaintiff’s assertion, it cannot be deemed that the entire land of this case was destroyed. Thus, the Plaintiff’s claim against the Defendants is without merit.

As a family, the plaintiff's assertion is to be seen as seeking cancellation on the ground that the transfer registration of ownership in the name of the deceased constitutes a duplicate registration.

If a registration of preservation of ownership has been made in duplicate with different registered titleholders on the same real estate, the first priority of the registration of preservation of ownership is adopting the one real estate form principle unless the cause of the registration of preservation of ownership is invalid.