The judgment below

The part against Defendant B is reversed, and that part of the case is remanded to Suwon District Court.

Defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Where a registrar transfers only the currently effective registration among the matters registered in the registration record pursuant to Article 33 of the Registration of Real Estate Act to a new registration record and closes the previous registration record, the registration that remains in the closed registration record without entering the new registration record (hereinafter referred to as "closed registration") shall not be effective as the current registration, and the new registration record shall not be recorded in the closed registration record.

Therefore, there is no benefit of litigation to seek implementation of the cancellation registration procedure for the registration of closure itself.

However, Article 33 of the Registration of Real Estate Act provides that only the currently effective registration among the matters registered in the registration record may be transferred to a new registration record, taking into account the convenience of the registration practice, and it shall not make it difficult for a person who has real rights to remedy his/her rights.

In the event that registration is not transferred to a new registration record because only the registration that appears to be effective as of the date of successive transfer without any cause is recorded in a new registration record, and the previous registration record is closed, and the registration that is transferred without cause remains in a new registration record, the benefit of the lawsuit seeking the implementation of the cancellation registration procedure cannot be uniformly denied on the ground that the registration remains in a closed registration, if it is necessary to complete the cancellation registration in order to realize the rights of the real right holder.

It is not subject to the closed registration itself, but necessary to restore the registration of the true right holder transferred without any cause, and thus seek the implementation of the cancellation registration procedure for the above transfer registration to the present registration record.