1. The instant lawsuit shall be dismissed.

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

1. We examine ex officio whether the instant lawsuit is lawful or not with respect to the determination of the legality of the instant lawsuit.

The Plaintiff is seeking registration of cancellation of additional registration of transfer of superficies, which has been completed on the instant real estate owned by the Plaintiff.

However, if a supplementary registration for the transfer of superficies has been made due to the transfer of superficies, such registration is dependent on the registration for the creation of superficies, which is the existing principal registration, and thus, if the registration for the cancellation of the registration for the establishment of mortgages is completed due to the registration for the establishment of superficies, the additional registration will be cancelled ex officio by the cancellation of the principal registration even if it is not separately requested for the cancellation.

In full view of the purport of evidence Nos. 1-2 and 1-2, the registration of creation of superficies has already been cancelled, and since the additional registration of transfer of superficies should be cancelled ex officio, there is no benefit in legal action to seek cancellation of additional registration.

2. According to the conclusion, the instant lawsuit is dismissed as unlawful.