1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

In other words, a lawsuit seeking the cancellation of registration against a person who is not a registered titleholder, whose right is lost by registration or who is not a person who is not a registered titleholder (the registered titleholder or his/her general successor) is unlawful against a person who is not a party (see Supreme Court Decision 93Da39225, Feb. 25, 1994). According to each of the entries in Gap evidence Nos. 1 through 3 (including a provisional number) and the overall purport of pleadings, the lawsuit of this case seeking the cancellation of registration of ownership is unlawful, since the registered titleholder of registration of ownership completed on the land stated in the purport of the claim is not D but a defendant.

The lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.