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(영문) 대법원 1968. 8. 23.자 68마823 결정
[등기공무원처분이의신청기각결정에대한재항고][집16(2)민,351]
Main Issues

Where the registration of real estate does not fall under subparagraph 3 of Article 55 of the Registration of Real Estate Act, and the registration is completed between the registration officials, whether any interested party is entitled to raise an objection against it

Summary of Judgment

In the case of subparagraph 3 of this Article, where the registrar completes the application for registration, and the registration is completed by receiving it, the interested party shall not request the cancellation of registration by a method of objection against the disposition by the registrar.

[Reference Provisions]

Articles 55 and 178 of the Registration of Real Estate Act

Re-appellant

Re-Appellant 1 and one other (Attorney Seo-dae, Counsel for the plaintiff-appellant)

United States of America

Seoul Central District Court Order 68Ra341 dated May 24, 1968

Text

Each reappeal is dismissed.

Reasons

Re-Appellants’ agents’ re-appeals:

In the case of subparagraph 3 of Article 55 of the Registration of Real Estate Act, where the registrar makes an excessive application and the registration is completed after receiving the application for registration, the interested parties shall not file a claim for cancellation of registration by the method of raising an objection against the disposition by the registrar, is justifiable, and there is no error of law by misunderstanding the legal principles. Therefore,

Therefore, each reappeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge)

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