[판결경정][공1987.12.15.(814),1783]
Whether a judgment or rectification is made, if the address of the parties is different from that on the registry;
Since the correction of a judgment is clearly a case where there is an obvious error in miscalculation, clerical error, or any other similar error, it cannot be deemed that there is an obvious error in the judgment on the ground that the address of the plaintiff and the defendant's address in the winning case are different from the address in each registry in the case where the address of the plaintiff and the defendant's address in the winning case are different from that in each registry.
Article 197 of the Civil Procedure Act
d. 83g6 dated April 19, 1983 86.4.30
Attorney Jeon-soo et al., Counsel for special appellant
Seoul District Court Order 87Ka12610 Dated July 27, 1987
The special appeal is dismissed.
With respect to special grounds for appeal:
The court's decision is correct where there is an obvious error in miscalculation, clerical error, or any other similar error in the judgment, and in this case, the court's decision dismissing the defendant △△△△'s claim seeking restoration registration of provisional registration and implementation of the principal registration procedure based on provisional registration, on the ground that the plaintiff's winning address and the address of the defendant △△△△△△△ are different from each on the registry, it cannot be deemed that there is an obvious error in the judgment, on the ground that there is no obvious error in the judgment.
However, it is not reasonable to accept the judgment that the plaintiff and the defendant △△△△'s address are not stated in the register of the plaintiff and the defendant △△△△, but it is not reasonable.
In the end, it is correct that the court below dismissed the application for correction of this case, and there is no illegality under Article 420 of the Civil Procedure Act.
It is so decided as per Disposition by the assent of all participating judges who dismiss a special appeal due to the lack of reason.
Justices Yoon Il-young (Presiding Justice)