The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the court's explanation as to this case is as stated in the reasoning of the judgment of the first instance except where "2. additional determination" is added below. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff's assertion that the defendant completed the registration of preservation of ownership of G land in the name of the defendant without any legal ground, and such registration of preservation of ownership is null and void.

B. 1) In order to seek cancellation of registration of ownership transfer or registration of cancellation, the Plaintiff must first assert and prove that the Plaintiff has the title to claim cancellation. If it is not recognized that the Plaintiff has such title, the Plaintiff may not accept the Plaintiff’s claim even if the registration of cancellation of ownership transfer under the Defendant’s name is an invalid registration to be cancelled (Supreme Court Decision 98Da17831 Decided February 26, 1999). Meanwhile, a claim for registration of ownership transfer for the restoration of real name is allowed against the current registered titleholder by either the registration already indicating ownership in his/her own name was already registered, or the person who acquired ownership pursuant to the law was allowed to claim cancellation of the registration in a way to restore the real name. The right to claim for registration of ownership transfer and the right to claim cancellation of registration of invalidation based on the restoration of the real name allowed in lieu of registration of cancellation is to restore the real name and its purpose is substantially the same as that of the genuine owner’s right to claim cancellation of ownership. Thus, even if the Plaintiff’s registration is based on the legal basis of exclusion of interference.