1. Among the plaintiff's primary claims, the part of the claim for cancellation of ownership preservation registration, and the conjunctive claim.

1. Facts of recognition;

A. In around 1994, Defendant B newly constructed a building E with the 6th and the 5th underground floor size (hereinafter “instant building”) on Gyeyang-gu Incheon, Gyeyang-gu.

The store of this case is part of the first floor of the building of this case.

B. On August 22, 1994, Defendant B registered the instant building as an aggregate building, and completed the registration of ownership transfer in the Plaintiff’s name (hereinafter “instant registration of ownership transfer”) as the receipt of the registration office of the Incheon District Court on August 22, 1994 by the receipt of the registration office of the Incheon District Court (hereinafter “instant registration”). On October 26, 1994, Defendant B completed the registration of ownership transfer in the Plaintiff’s name (hereinafter “instant registration of ownership transfer”) as the receipt of the same registration office No. 136315, Jan. 17, 1994 (hereinafter “instant sales contract”).

C. Since the registration of ownership preservation and the registration of ownership transfer, each of the instant stores could be classified into drawings only without installing walls, partitionss, etc. to distinguish each of the instant stores from the time of the registration of ownership transfer.

(A) On the ground of the instant building, only a partition line was maintained by means of different colors of the floor so as to distinguish the number of units of each store. In the case of the instant building where the instant store is located, there was no wall, partition line, etc. to distinguish the boundaries of each store.

The building of this case has been used in one unit or by dividing it into each floor, and at present, it has been used in one unit or by dividing it into each floor of the building of this case without classifying each floor.

In the case of the 1st floor of the instant building where the instant store is located, from June 1, 200 to June 1, 200, F registered its business as the trade name of “Gmanmarket” and started the marina business. From July 10, 2006 to April 3, 201, H had registered its business as the trade name “Im” and Defendant C had been engaged in the marina business from April 4, 201.