1. The claim for cancellation of the registration of co-ownership transfer among the lawsuits in this case shall be dismissed.

2. The plaintiff.

1. Basic facts

A. On July 19, 1939, the Plaintiff’s father D completed the registration of ownership transfer with respect to one-half shares of each real estate listed in the separate sheet (hereinafter “instant real estate”). On September 5, 1941, the Plaintiff’s father completed the registration of ownership transfer with respect to the instant real estate due to sale.

B. On May 21, 1968, the Defendant’s outer mother C completed the registration of transfer of co-ownership (hereinafter “registration of transfer of the first ownership”) under Article 11489 of the Incheon District Court Seocheon-gu Office of 11489, which was received on March 30, 1930 due to the sale of the instant real estate by December 19, 208, enacted by Act No. 2111, Dec. 19, 2008, and enacted by Act No. 9143, Dec. 19, 2008 (hereinafter “Special Measures Act”).

C. The Defendant completed the registration of transfer of the entire C/C shares (hereinafter “second ownership transfer registration”) No. 14461, which was received on March 5, 2003 from the Incheon District Court Seocheon-gu, Incheon District Court (hereinafter “Seoul District Court”) on the instant real estate due to the donation from March 5, 2003.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 2 (including branch numbers), the purport of the whole pleadings

2. We examine whether this part of the lawsuit in this case is legitimate ex officio as to the claim for the cancellation of the registration procedure for the first ownership transfer registration.

A lawsuit seeking the implementation of the procedure for cancellation registration shall be filed against the person liable for registration (the person liable for registration or his/her general successor), and a lawsuit seeking the implementation of the procedure for cancellation registration against the person who is not the person liable for registration is an unlawful lawsuit against the person who is not the person liable for registration.

(See Supreme Court Decision 93Da39225 delivered on February 25, 1994). According to the above basic facts, the registered titleholder C is a registered titleholder of the first ownership transfer, and C has died, so the registered titleholder C is a registered titleholder.