[등기공무원처분에대한이의][공2000.3.15.(102),547]
[1] In a case where a reappeal was dismissed on the ground that the appellate brief was not filed because the number of the appellate brief submitted within a lawful period was mistakenly stated, and the appellate brief was not filed in the record, whether it constitutes a ground for quasi-examination under Articles 431 and 422(1)9 of the Civil Procedure Act (affirmative)
[2] Whether registration not falling under subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act among registration completed at the request of a registrar can be asserted as an objection under Article 178 of the same Act (negative), and the meaning of "where a case under subparagraph 2 of Article 55 of the same Act is not registered"
[1] The grounds for reappeal are quasi-examination that falls under Articles 431 and 422(1)9 of the Civil Procedure Act, since the court below rejected the reappeal without determining the grounds for reappeal on the grounds that the ruling subject to quasi-examination did not include the grounds for reappeal in the reappeal and did not submit the reappeal within the submission period, since the ruling subject to quasi-examination did not affect the ruling, the grounds for quasi-examination fall under Article 431 and Article 422(1)9 of the Civil Procedure Act.
[2] Where a registrar completes a registration upon an application of an applicant, if the registration does not fall under subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act, it shall not be contested by a lawsuit if the registration falls under any of subparagraphs 1 and 2 of Article 178 of the same Act, and it shall not be contested by an objection under Article 178 of the same Act, and "where the case is not registered" under Article 5 (2) of the same Act means the case where it is obvious that the application for registration itself
[1] Articles 422(1)9 and 431 of the Civil Procedure Act / [2] Articles 55 subparag. 1 and 2, and 178 of the Registration of Real Estate Act
[1] Supreme Court Order 84No2 delivered on May 9, 1984 (Gong1984, 1039), Supreme Court Order 86Da3 delivered on March 26, 1987 (Gong1987, 1043), Supreme Court Decision 98Da53 delivered on March 13, 1998 (Gong1998Sang, 1059) / [2] Supreme Court Order 93Ma1645 delivered on November 29, 1993 (Gong194Sang, 200), Supreme Court Order 95Ma170 delivered on March 4, 1996 (Gong196Sang, 1189), Supreme Court Order 95Da3214196 delivered on April 12, 1996 (Gong195Da321964, Oct. 16, 195)
Appellant 1 and 2 others
Cheongju District Court Order 98Ra91 dated December 8, 1998
A decision subject to quasi-deliberation shall be revoked. The original judgment shall be reversed, and the decision of the first instance shall be revoked. All objections shall be dismissed.
1. In this case, the court below dismissed all of the reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' reappeals' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' corrections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejections' rejection
2. The grounds of reappeal are examined ex officio prior to the examination.
Where a registration officer completes a registration upon an application of an applicant, if the registration does not fall under subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act, it shall not be contested with an objection under Article 178 of the Registration of Real Estate Act, and if the registration does not fall under any of subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act, the term "where the case under subparagraph 2 of Article 55 of the Registration of Real Estate Act is not a registration" means the case where it is obvious that the application for registration is not legally permissible by the purport of the application itself (see Supreme Court Order 95Ma1700
In this case, according to the decision of the above branch court ordering registration on July 9, 1986, Cheongju District Court No. 10814 and No. 10815 on the real estate of this case, the registration official of Cheongju District Court Cheongju District Cheongju District Cheongju District Cheongju District Da has cancelled the registration of application for compulsory auction and the registration of transfer of one person other than reappeal 1,005 on May 14, 1986, respectively. The registration of transfer of ownership cannot be cancelled as the registration of this case's 6,611.6/716 shares among the real estate of this case, and the registration of transfer of ownership cannot be cancelled as the registration of this case's 10818 on May 14, 1986 and the registration of transfer of ownership cannot be cancelled as the registration of this case's 5,000 No. 81 on the registration of transfer of ownership as the registration of this case's 5,005.
3. Thus, there is an error of law between the first instance court’s decision and the original order that maintained it as it is. Therefore, it also erred by maintaining the original order. Therefore, the original order’s decision subject to quasi-examination is revoked without examining the grounds for reappeal, and the original order is reversed without examining the grounds for reappeal, and this case is sufficient for the court to directly render a judgment. Therefore, it is so decided as per Disposition by cancelling the first instance court’s decision and dismissing all objections.
Justices Jack-dam (Presiding Justice)