[소유권이전등기말소][집18(1)민,074]
If a person who has received the administrative decision on the cancellation of ownership processed by the simplified petition procedure is granted a substantive right to the subject matter, the registration is valid even if it is not confirmed by the Minister of Justice.
If the administrative decision on the cancellation of reversion is granted to a person who has received the administrative decision on the object under the simplified petition procedure, the registration is valid even if it is made without obtaining confirmation from the Minister of Justice under paragraph 1 of this Article.
Article 2 of the Act on the Confirmation of Cancellation of Reversion to Summary Appeal Procedures; Article 4 of the Act on the Confirmation of Cancellation of Reversion to Summary Appeal Procedures; Article 186 of the Civil Act
Korea
Defendant
Daejeon High Court Decision 69Na1070 delivered on July 25, 1969, Daejeon High Court Decision 69Na1070 delivered on July 25, 1969
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Judgment on the grounds of appeal by the plaintiff performer.
The administrative assistance in relation to the cancellation of reversion which was processed by the simplified appeal procedure shall lose its validity without obtaining the confirmation from the Minister of Justice under Article 2 (1) of the Act, but it does not result in changes in the substantive rights to the object, and the person who received the administrative decision on the cancellation of reversion of the object shall be entitled to bring an action for confirmation or performance of the existence of rights by asserting that ownership belongs to himself/herself. Thus, if the substantive rights are recognized as to the object, even if the ownership transfer registration is made without obtaining the confirmation from the Minister of Justice, the registration shall be a valid registration in accordance with the substantive rights change. Accordingly, according to the records, the court below is justified in the judgment below as above. The non-party received the administrative decision on the cancellation of reversion by the simplified appeal procedure, and based on legitimate evidence, the above site is purchased from Japan by acquiring ownership, and the defendant shall also be entitled to bring an action for confirmation or performance of the rights. Thus, the registration shall be dismissed under the premise that the registration is valid by the plaintiff's claim for cancellation of the rights.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Supreme Court Judge Yang Byung-ho (Presiding Judge)