Of the part of the judgment of the court below against Defendant A, the part on the 6,552m2.4m2 in Chungcheongnam-si, Chungcheongnam-do, and the part on the defendant U.S.C.

1. Ex officio determination as to the legitimacy of the part of the claim for cancellation registration against Defendant A

A. As to Defendant A in this case, the Plaintiff sought implementation of the procedure for the cancellation registration of ownership transfer registration (hereinafter “instant transfer registration”) cancelled on June 29, 1991 by the Daejeon District Court No. 12342, which was cancelled on July 29, 1993, with respect to the share of 2,943.22/6,552.4 shares and F 19,787.5 square meters (hereinafter “F land”) among the share of 2,943.22/6,52.4 shares and F 19,787.5 square meters (hereinafter “instant F land”) among the share of 1,679.87/19,787 square meters, which was cancelled on July 29, 1993.

However, according to the reasoning of the judgment below, the ownership transfer registration of this case for which the plaintiff seeks to implement the procedure for the registration of cancellation is not recorded in the registration record of the land E in this case and the land F in this case (hereinafter “each land in this case”) and is recorded only in the registration record of the land substitution and the land before subdivision. Thus, this part of the lawsuit is examined ex officio.

B. Where a registrar transfers only the currently effective registration among the matters registered in the registration record pursuant to Article 33 of the Registration of Real Estate Act to a new registration record and closes the previous registration record, the registration remaining in the closed registration record (hereinafter “closed registration”) without transfer to a new registration record is invalid as the current registration record, and the closed registration record cannot record a new registration record. Thus, there is no benefit in filing a lawsuit seeking the implementation of the procedure for the restoration registration of cancellation against the closed registration itself.

(See Supreme Court Decision 80Da223 Decided October 27, 1980, etc.). However, Article 33 of the Registration of Real Estate Act provides that only the currently effective registration among the registered matters in the registration record may be transferred to a new registration record, taking into account the convenience of the registration practice.