1. As to the Plaintiff’s 1,086m2 in Ulsan-gu, Ulsan-gu, the Defendant is the head of this court’s receipt on June 19, 199 as the Plaintiff’s 52549m2.

1. Determination as to the cause of claim

A. (1) On June 10, 1988, the Plaintiff completed the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) under Article 2818 of the receipt of this Court as to the registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) with respect to the Ulsan-gu Seoul Metropolitan City B 1,086§³ owned by Meritorious Gas Co., Ltd. (hereinafter “instant land”).

C on June 27, 1996, purchased the instant land from Meritorious Gas, and completed the registration of ownership transfer in its own future, and on July 13, 1996, set up a collateral security right (75 million won) and superficies with respect to the instant land to the Cheongyang Agricultural Cooperatives.

On July 29, 1997, the Clean Agricultural Cooperative filed an application for voluntary auction on the instant land on the basis of the above-mortgaged mortgage.

D was awarded the land in this case and completed the registration of ownership transfer in his future on June 19, 199. Accordingly, the registration officer of this court was cancelled the registration of creation of superficies in error when executing the registration of cancellation of the above right to collateral security and superficies creation under the name of the Clean Agricultural Cooperatives under the name of Small and Medium Agricultural Cooperatives (No. 52549).

Since then, E acquired ownership of the instant land, the Defendant received a successful bid in the discretionary auction procedure on October 27, 2004, and completed the registration of ownership transfer in its future.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

B. Where a registrar makes a registration of cancellation ex officio and there is a third party having an interest in the registration, the registration of restoration cannot be made unless a written consent or a certified copy of the court decision which can oppose it is submitted. A third party having an interest in the above registration is the third party who is likely to incur damage due to the fact that the cancelled registration is restored in the form of the registration.