Where a registrar revokes a rejection disposition by citing an objection against the rejection disposition of an application for registration by a registrar and executes a registration pursuant to a decision ordering a registration following an application, whether an appeal may be filed against a decision dismissing an application for registration (negative)

Where a registrar executes a registration in accordance with an order issued by the competent district court which has rejected an objection against a decision made by the registrar, the rejection disposition by the registrar is not existing. Thus, a registrar shall not file an appeal against a decision to dismiss an application for registration, regardless of the fact that he/she can seek cancellation of an objection against an execution registration by a registrar or contest the validity of a registration in a separate lawsuit.

Articles 20, 239 (see current Article 121 of the Commercial Registration Act), 244 (see current Article 126(1) of the Commercial Registration Act), and 245 of the former Non-Contentious Case Litigation Procedure Act (Amended by Act No. 8569, Jul. 27, 2007);

Supreme Court Order 96Ma1954 dated December 11, 1996 (Gong1997Sang, 331) Supreme Court Order 2007Ma1154 dated December 15, 2008 (Gong2009Sang, 77)

[Plaintiff-Appellant] 1 and 5 others (Law Firm Spah et al., Counsel for plaintiff-appellant)

Suwon District Court Order 2007Ra411 dated August 31, 2007

All reappeals are dismissed.

The grounds of reappeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court below determined that the appeal of this case is unlawful on the ground that, in a case where the applicant raises an objection against the decision of the registrar which rejected the applicant's application for registration, and the competent court cites it and issues an order for entry, even if the registration is completed based on the order of the competent court, the registration is effective at the time of registration in accordance with the order of the competent court. Thus, since no interested party exists in the registration before the registration is executed, no appeal can be filed because any party has interests in the appeal, and in a case where the registrar executes the registration in accordance with the order of the entry of the competent district court, the rejection disposition of the registrar is not already nonexistent, and it can be asserted that the registrar's request for cancellation by the method of objection against the disposition of the registrar or dispute the validity of registration

In light of the records, the court below's rejection of the appeal by the re-appellant for the above reasons is just, and there is no violation of the Constitution, laws, orders, or rules that affected the trial. Otherwise, the assertion by the re-appellant does not constitute legitimate grounds for reappeal.

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)