An application for registration is lawful, but the registration made after the death of the registered titleholder is effective.

Where a person entitled to registration or a person liable for registration has already existed a cause for registration but his/her inheritance has been commenced and his/her predecessor is alive, the registration he/she applied for, or where the person himself/herself or his/her agent has died before the registration is completed after the public official received an application for registration, etc., such registration shall not be deemed null and void solely on the ground that the registration has died at the time of registration.

Article 186 of the Civil Act, Article 47 of the Registration of Real Estate Act

[Judgment of the court below]

Defendant 1 and four others, Counsel for the defendant Kim --appellee

Gwangju High Court Decision 88Na1126 delivered on October 26, 1988

The judgment below is reversed and the case is remanded to the Gwangju High Court.

The grounds of appeal No. 1 are examined.

The court below found that, as of December 17, 1970 with respect to each real estate listed in the separate sheet (hereinafter the real estate of this case), each transfer registration under the procedure under the Act on Special Measures for the Transfer of Forest Ownership in the name of the deceased non-party 1 has been made, and the above non-party 1 had already died on September 6, 1970 before the registration of transfer of ownership in the name of the deceased non-party 1 was made and became the co-inheritors (the non-party 2 died on May 10, 1979). The court below held that the above transfer registration in the name of non-party 1 of the deceased non-party 1, which was made for the real estate of this case, should be cancelled unless it proves that it conforms to the substantive relation.

The registration cannot be deemed null and void solely on the ground that the registration of ownership transfer has been made after the death of the registered titleholder. However, if an ancestor lives in the event that inheritance of the registered titleholder or the registered titleholder has commenced during the period of absence of an application for registration, the registration he/she applied for (see Article 47 of the Registration of Real Estate Act), or where an applicant for registration dies before the registration is completed after the registration is received by the registered public official (see Article 47 of the Registration of Real Estate Act), the registration cannot be deemed null and void solely on the ground that the registered titleholder died at the time

According to the testimony of the non-party 3 of the court below, the above non-party 1 of the deceased non-party 1 received a guarantee certificate issued by the above non-party 1 from the guarantor under the Act on Special Measures for the Registration of Forest Land Ownership, which was enforced at the time of around 1970, and applied for the issuance of a confirmation certificate from the above non-party 1 of the same Act, and the head of the old Gun publicly announced the fact, etc., and the defendants, the heir, the above non-party 1 of the above deceased on September 6 of the same year during the procedure. The registration of transfer of ownership in the name of the above non-party 1 is valid as a registration duly made under the Act on Special Measures for the Registration of Forest Land Ownership, etc., so long as the above registration is not revealed to have been made lawfully by the above special measures due to any falsity or any other reason, it shall be presumed that the registration is valid as a registration in the above real relation.

The court below held that the registration of this case was null and void on the ground that the registered titleholder died at the time of the registration of ownership transfer without examining and determining the process of the registration of ownership transfer of this case. This erred by misapprehending the legal principles on the presumption power of ownership transfer registration completed under the Act on Special Measures for the Promotion, etc. of Legal Proceedings, and this constitutes Article 12(2) of the Act on Special Cases Concerning the Promotion, etc.

Therefore, without determining the remainder of the grounds of appeal by the defendant, the judgment of the court below shall be reversed, and the case shall be remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)