1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 5th page of the judgment of the court of first instance, which added or added, “determination of the defendant’s defense” shall be applied to “determination of the defendant’s assertion”.

The 5th to 6th of the first instance judgment shall be followed by the following:

2) The Defendant asserts that the Plaintiff did not have the right to seek cancellation of registration of ownership preservation against the Defendant, since the Plaintiff’s prior owner of the instant land sold the instant land Nos. 1, 3, and 4.

A person registered in the Land Survey Book as an owner shall be presumed to have become final and conclusive by taking into account the circumstances as the owner of the land, unless there is any counter-proof such as the change in the contents of the situation by the adjudication, etc., and the presumption of registration of ownership preservation shall be shouldered if a person other than the title holder of the preservation registration finds that he/she had received the situation of the relevant land. On the other hand, in order to seek cancellation of registration of ownership preservation in another person’s name, which was completed as part of the exercise of the right to demand a removal of infringement of real rights based on ownership of the real estate, the person must actively assert and prove that he/she has the right to demand cancellation thereof, and if it is not recognized that there exists such right, the registration of ownership preservation in another person’s name shall not be

Therefore, if it is recognized that a person who registered the circumstances after the assessment was conducted the disposal of the land to another person, the person who registered the circumstances or his/her heir has no title to file a claim for cancellation of the registration on the ground that the person who registered the circumstances had no title to file

Supreme Court Decision 208No. 24, 2008