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.

The Plaintiff’s assertion was completed on September 26, 1975 when a provisional registration was completed under the name of C on February 23, 1976, and on June 25, 1976, the provisional registration under the Defendant’s name was completed on the above provisional registration. Since the provisional registration under the Defendant’s name was completed on June 25, 1976, the above provisional registration under the Defendant’s name should be cancelled. As such, as long as the principal registration was completed on the basis of the provisional registration of C, the provisional registration under the Defendant’s name completed after C’s provisional registration is wholly amended by Act No. 10580, Apr. 12, 201) is revoked ex officio by a registry official pursuant to Articles 175(1) and 55 subparag. 2 of the former Registration of Real Estate Act (Article 58(1) and 29 subparag. 2 of the current Registration of Real Estate Act). Therefore, there is no legal interest to seek cancellation by means of a lawsuit (Article 7368).

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.