1. The judgment of the court of first instance is modified as follows.

Among the lawsuits in this case, the part concerning the request for cancellation registration shall be dismissed.

(b).

1. We examine, ex officio, whether the part concerning the claim for cancellation registration in the lawsuit in this case is legitimate.

A. The Plaintiff, as his heir or executor, was donated to the Plaintiff each real estate listed in the separate sheet, and the Defendant, despite the duty to manage the said real estate with due care as a good manager, has completed each registration of ownership transfer, mortgage and creation of superficies as stated in the separate sheet No. 1 and No. 2, and thus, filed for registration of cancellation.

B. However, a lawsuit for cancellation registration against a person who is not a person liable for registration is illegal against a person who is not a person liable for registration. According to the evidence Nos. 14 and 22, the real estate stated in the separate sheet No. 1 shall be registered in the name of Nonparty L, the ownership transfer registration is completed in the name of Nonparty Kimhae Agricultural Cooperative, the ownership registration is completed in the name of Nonparty Kimhae Agricultural Cooperative, and the ownership registration is completed in the name of Nonparty M, and the ownership registration is completed in the name of Nonparty M, the ownership registration is completed in the name of Nonparty 2, and the ownership registration and the establishment registration of superficies are completed in the name of the bank of Korea, us

2. The reasoning of the court’s judgment on the Plaintiff’s claim for monetary payment is stated in this part of the judgment of the first instance.

paragraphs 2 and 2-b

Since the part of the claim is the same as the entry, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the part concerning the claim for cancellation of the lawsuit in this case is unlawful and dismissed, and the remainder of the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is partially different and unfair, it is so decided as per Disposition by the assent of all participating Justices.