1. The plaintiff's primary claim among the lawsuit of this case is dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Facts of recognition;

A. A has built two reinforced concrete columns on the land adjacent to E, F, and G, and one pipe column on the land of C gas station 2 Dong (hereinafter “instant gas station”) located in Busan Seo-gu, and newly built real estate listed in the separate sheet (hereinafter “instant gas station soften”) on the attached sheet in order to build a parallel roof on the land of E, F, and G, and completed the registration of initial ownership (hereinafter “registration of initial conservation”) on December 24, 2013 by the registry office of the court below as of December 24, 2013.

B. In the auction procedure for H real estate auction regarding the instant gas station, the Defendant received the bid for the said gas station along with the instant gas station Capital, and paid in full the sale price on September 1, 2014.

C. After that, the Plaintiff asserted that he purchased the capital of the instant gas station from A, and requested the Defendant to transfer ownership, the Defendant filed an objection against the disposition of the registry officer with the purport of seeking its cancellation, on the ground that the registration of the preservation of the instant water station constitutes “where the instant case falls under “where the registration is not to be made” under Article 29 subparag. 2 of the Registration of Real Estate Act, since the registration of the preservation of the instant water station was made.

(2) On December 12, 2014, the court accepted the Defendant’s assertion, and ordered the cancellation of the preservation registration of this case on December 12, 2014.

In accordance with the above order, the registrar cancelled the preservation registration of this case on December 18, 2014, and closed the following registration record.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 4, 8, 9, 22, 26 evidence, Eul evidence 3-1 and the purport of the whole pleadings

2. Judgment as to the main claim

(a) Where the former registration cancelled in the course of restoring the registration of cancellation is cancelled at the discretion of the registrar or at the request of the court, such registration of restoration shall be made at the discretion of the registrar or at the request of the court; and