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(영문) 대법원 1979. 10. 30. 선고 79다1565 판결
[제3자이의][공1980.1.1.(623),12337]
Main Issues

Cases where registration of correction of registration of preservation of ownership of a building is not allowed;

Summary of Judgment

If the lot number of the housing site of a building is (number 1 omitted), (number 2 omitted) and a registration of preservation of ownership was made erroneously, the error in the indication is significant and thus, it is not recognized as identical, and as another registration of preservation of ownership has already been made on the building, the registration of correction shall not be permitted.

[Reference Provisions]

Article 72 of the Registration of Real Estate Act

Reference Cases

Supreme Court Decision 74Da1458 Delivered on October 22, 1974

Plaintiff-Appellant

[Judgment of the court below]

Defendant-Appellee

Defendant

Judgment of the lower court

Daejeon District Court Decision 79Na8 delivered on August 2, 1979

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The Plaintiff’s attorney’s ground of appeal is examined.

According to the reasoning of the judgment of the court below, on March 25, 1978, the registration of ownership transfer was made in the name of the plaintiff on the same day after the registration of ownership transfer was made in the name of the non-party on the same day, and on April 6 of the same year, the lot number indication of the housing site was corrected (number 1 omitted) at the request of the plaintiff on March 28 of the same year, and the registration of ownership transfer was completed after the above registration of ownership preservation and registration of ownership transfer was completed on March 28 of the same year, and the registration of ownership transfer was completed in the name of the non-party on the request of the defendant for provisional attachment registration (number 1 omitted), and the registration of ownership preservation was not made in the name of the non-party on the building (number 2 omitted), and the registration of ownership preservation was not made in the name of the non-party on March 28 of the same year, which was (number 2 omitted).

The judgment of the court below is not erroneous in the misapprehension of legal principles as to registration of correction.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Dra-ro (Presiding Judge) Hah-Jak-hak (Presiding Judge)

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