소유권보존등기말소등기
1. The appeal by the Plaintiff (Appointed Party) against the part on the claim for land transfer shall be dismissed;
2. The plaintiff (appointed party).
1. Examining the omission of the judgment of the court of first instance and the records of the judgment of the court of first instance subject to the judgment of this court, the plaintiff sought not only the plaintiff's claim against the defendant for the execution of the procedure for registration of cancellation of registration of cancellation in the name of the defendant, which was completed on September 4, 1963 by the Namyang District Court No. 7803, and the Namyang District Court registry of the defendant as to each land listed in the annexed real estate list. The court of first instance dismissed the plaintiff's claim in the text of the judgment, and the purport of the judgment was dismissed, and only the part of the claim for registration of cancellation was not stated, and the part of the claim for registration of cancellation was not stated in the reasoning of the judgment, but did not state any opinion as to the part of the claim for registration of cancellation.
Therefore, it is reasonable to view that there is no judgment as to the claim for the delivery of land omitted from the purport and reason of the judgment, since it cannot be deemed that the plaintiff's claim for the first instance judgment is all judged.
Therefore, since the claim for the transfer of land in this case should be deemed to be pending in the first instance court, the appeal regarding this part is unlawful and only the claim for cancellation of registration of ownership preservation is subject to the judgment of this court.
2. Determination on the claim for cancellation registration of ownership preservation
A. 1) On October 1, 1913, B completed the land condition and preservation registration in B’s name on October 1, 1913 (two years Daeyang-gun), each land listed in the attached real estate list was formed through the change of the name of the administrative district, conversion of the area, and land division; hereinafter “each land of this case”).
On the other hand, the defendant was examined as to each of the land of this case and registered the ownership preservation (hereinafter referred to as "registration of ownership preservation") in his name by the receipt No. 7803 on September 4, 1963.