1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The court's explanation on this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. The parties' assertion and judgment

A. (1) The party’s assertion (1) is the same person as Plaintiff D, the Plaintiff’s fleet, and C, the title holder of the assessment of the instant land. As such, registration of preservation of ownership in the Defendant’s name on the instant land had been destroyed by its presumption capacity to invalidate cause. Accordingly, the Defendant is liable to implement the registration procedure for cancellation of ownership preservation in succession to D’s property.

(2) The Plaintiff’s fleet D and C, the assessment title of the instant land, cannot be deemed the same person. Furthermore, insofar as the instant land was already disposed of to a third party, the Plaintiff cannot be deemed the owner of the instant land.

B. In order to seek the cancellation of registration of preservation of ownership in another person’s name, which was completed in relation to real rights based on ownership of real estate, as part of the exercise of the claim for exclusion of interference with ownership of real estate, the registration titleholder is presumed to have acquired ownership by legitimate grounds for registration (see, e.g., Supreme Court Decision 9Da65462, Mar. 10, 200). If it is not recognized that there is such title, even if registration of preservation of ownership in another’s name is invalid, the registration of preservation of ownership in another’s name may not be accepted (see, e.g., Supreme Court Decision 2009Da94384, 94391, 94407, May 13, 201). Furthermore, when the ownership transfer registration of real estate is completed, the registration titleholder is presumed to have resided in the land of this case with evidence Nos. 2-1, No. 1-2, 2-1-1, 3-4, 1-4, and 3-4 of the present land of this case.