The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On August 21, 1978, the transfer registration was completed on August 21, 1978 with respect to F and G co-ownership (each 1/2 shares) with respect to the land of 2,423 square meters (hereinafter “instant land”).

With respect to F’s share (1/2) among the land of this case, the provisional registration of equity transfer security was made on April 23, 198 on the ground of the promise for real return as of April 19, 198, and ② the provisional registration of equity transfer security was made on the ground of the promise for real return as of December 13, 198, on the ground of the promise for real return as of December 10, 198.

(hereinafter “each of the instant provisional registrations”). On September 24, 2012, the Plaintiff completed the registration of ownership transfer on September 20, 2012 on the ground that G’s shares (1/2) out of the instant land was donated as of September 20, 2012.

[Ground of recognition] The provisional registration of this case, which was made with respect to F’s share in the land of this case, was not made in liquidation procedures or principal registration for principal registration even after the lapse of 30 years from the time when the provisional registration of this case was established. The right to each of the provisional registration of this case has become invalid after the expiration of the extinctive prescription.

The plaintiff is a co-owner of the land of this case and has the authority to seek cancellation of each provisional registration of this case as a preservation act for common property. Thus, the defendants are obligated to implement the procedure for cancellation registration of each provisional registration of this case to the plaintiff.

Judgment

In order for the Plaintiff to seek the cancellation of the ownership transfer registration completed in the name of the Defendants as part of the exercise of the claim for exclusion of interference with the real right based on the ownership of the real estate, the Plaintiff must actively assert and prove that the Plaintiff has the title to claim the cancellation thereof. If it is not recognized that the Plaintiff has such title, the Plaintiff’s claim may not be accepted even if the ownership transfer registration in the name of the Defendants is the invalid registration to be cancelled.