[등기관처분에대한이의][미간행]
Whether an application for registration of transfer due to inheritance can be filed immediately without making a registration of correction, despite the mistake in the indication of an existing registered titleholder (negative)
Article 55 subparagraph 6 of the Registration of Real Estate Act
Re-appellant
Busan District Court Order 2008Ra4 dated June 16, 2008
The reappeal is dismissed.
The grounds of reappeal are examined.
Where there is an error or oil in the indication, such as the name or address, etc. of the registered titleholder, in principle, the registration of correction of the indication of the registered titleholder and the registration of new registration shall be made after correcting the indication of the registered titleholder. Therefore, where an application for registration of transfer is filed immediately due to inheritance without making the registration of correction of the indication of the existing registered titleholder despite an error in the indication of the registered titleholder, the indication of the decedent on the registration ledger and the inheritance attached thereto are different, and thus, it constitutes grounds for rejection under Article
According to the records, the registered titleholder of the real estate of this case (the address of the non-party: 1 omitted) filed an application for registration of ownership transfer due to inheritance with the non-party decedent (the address of the non-party (the address of the non-party 2 omitted) who was the same as that of the non-party deceased in Busan Shipping Daegu). The registrar dismissed the above application for registration on the ground that the registration falls under the ground of Article 55 subparagraph 6 of the Registration of Real Estate Act, and the court below rejected the objection by the registrar against the disposition of the above registrar.
In light of the above legal principles, the re-appellant cannot apply for the registration of change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for change of registration for
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ahn Dai-hee (Presiding Justice)