1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is the Plaintiff’s possession of B forest land B, 694 square meters (hereinafter “instant real estate”) in Gwangju-si, Gwangju-si, and the Defendant made registration of ownership preservation on the instant real estate without any authority. The Defendant’s registration of ownership preservation on the instant real estate is null and void. Meanwhile, C’s heir made an agreement on the division of inherited property with the purport that the right to the instant real estate is entirely reverted to the Plaintiff, and thus, the Defendant is obliged to implement the procedure for registration of ownership transfer on the ground of the restoration of real name.

2. Determination:

A. In the event that the Plaintiff seeks to cancel the registration of initial ownership completed in the name of the Defendant against the Defendant, the Plaintiff should first actively assert and prove that the Plaintiff had the title to claim the cancellation thereof. If it is not recognized that the Plaintiff has such title, the Plaintiff’s claim may not be accepted even if the registration of initial ownership preservation in the name of the Defendant was invalid, unless it is acknowledged that the Plaintiff has such title.

(See Supreme Court Decision 98Da17831 delivered on February 26, 199, and Supreme Court Decision 2004Da50044 delivered on September 28, 2005). Meanwhile, the right to claim the registration of transfer of ownership and the right to claim the cancellation of the registration of invalidation, which are permitted in lieu of the registration of cancellation, are for the restoration of the name of the true owner, and is for the restoration of the name of the true owner, and its purpose is substantially identical, and both claims are identical to the right to claim the removal of disturbance based on ownership, and its legal basis is identical to that of the right to claim the removal

(1) In order to accept the Plaintiff’s claim, the Plaintiff’s right to seek cancellation of the registration under the name of the Defendant should be acknowledged in accordance with the above legal doctrine. Thus, the Plaintiff’s right to seek cancellation of the registration under the name of the Defendant should be acknowledged.

B. We examine the judgment on the instant case.