1. The plaintiff's main claim is dismissed.

2. The defendant is about 40 square meters prior to C at the time of racing to the plaintiff.

1. Facts of recognition;

A. On March 8, 191, 191, B forged and completed the registration of ownership transfer as indicated in Paragraph (2) of the Disposition No. 2 (hereinafter “registration of this case”) with respect to the land owned by the Plaintiff, which is 40 square meters prior to C (hereinafter “instant land”).

B. Since then D purchased the instant land in the process of public sale conducted on the instant land, and completed the registration of ownership transfer on February 27, 2006, and the registration of ownership transfer was completed on October 1, 2008 under E.

C. The instant land was divided into 14 square meters prior to May 4, 2010, and the land category was changed to a road as a result of the combination into FF roads on racing. The remaining 26 square meters prior to the merger with G land on July 13, 2010, the land category was changed to the site as a result of the combination with G land on July 13, 201, and all the said land was completed on June 15, 201.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff is liable to implement the procedure for cancelling the registration of this case since the registration of this case is invalid, it is alleged that D had an obligation to perform the procedure for cancelling the registration of this case by acquiring the land of this case at the original time in the public sale procedure with respect to the land of this case, and that the Defendant was unable to perform the procedure for cancelling the registration of this case. The Plaintiff sought reimbursement of the amount equivalent to the land price by the compensatory damages or the claim for the subject, and the Plaintiff

B. 1) According to the above facts, since the registration of invalidity of cause is the registration of invalidation of cause, the defendant is obligated to implement the procedure for cancellation registration of this case to the plaintiff. 2) Furthermore, as to whether the defendant's obligation to perform the procedure for cancellation registration was impossible, where the registration of transfer of ownership in the name of the debtor, which is the basis of the procedure for public sale, is the registration invalidation of cause, such public sale is made for the property of a third party.