1. The part of the judgment of the court of first instance that requested cancellation of the provisional registration of ownership transfer;

The plaintiff is the defendant.

1. The reasoning of the judgment of the court of first instance is to add "(the defendant B appears to have moved out of the apartment of this case before filing the lawsuit of this case, but even in this case the defendant B is deemed to have indirectly occupied the apartment of this case through the defendant C)," and "In the case of 5th, the defendant submitted evidence Nos. 21, 22 (including each number) concerning the source of the purchase fund of the defendant B's D house at the court of first instance, but the head of passbook in the name of the defendant B or the income activities of the defendant B under each of the evidence of this case cannot be deemed to have existed assets or income to the extent of preparing the purchase fund of the D house of this case, even if considering each of the above evidence," and since Article 8-1 of the Civil Procedure Act and Article 21 of the 8th 5th 7th 7th 5th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 4th 7th 4th 7th 4th 4th 4th 4th 7.

(3) On the other hand, if the claimant for ownership transfer registration of real estate occupies the real estate on the other hand, the right to claim ownership transfer registration does not stand up with the extinctive prescription (see, e.g., Supreme Court en banc Decision 76Da148, Nov. 6, 1976). Since there is no dispute between the parties who possessed the apartment of this case before December 30, 2017, which is the expiration date of the extinctive prescription of the right to claim ownership transfer registration against the plaintiff, and there is no evidence to prove that the defendant B started possession of the apartment of this case by illegal means, such as the plaintiff's assertion, and thus, the defendant's right to claim ownership transfer registration does not go against the extinctive prescription. Accordingly, the plaintiff's right to claim ownership transfer registration does not go against the plaintiff's defendant B.