No land of the same lot number as the existing registration shall be registered for preservation.

Since the identity and identity of the land in accordance with the Registration of Real Estate Act becomes the standard for the lot number of land, even if the land of the same lot number as the previous registration is different from the cadastral point of view, the registration of preservation of ownership cannot be made, unless the registration form is closed.

Article 15 of the Registration of Real Estate Act

Appellant 1 and 7 others, Counsel for the plaintiff-appellant

Seoul Central District Court Order 80Ra107 Dated July 16, 1980

The reappeal is dismissed.

Re-appellant's re-appeal ground is examined.

According to the court below's decision, the application for the preservation registration of this case against 249 square meters which has the same lot number as the above existing registration was rejected in the determination that the application for the preservation registration of this case was not permissible in light of the provisions of Article 55 (2) 2 of the Registration of Real Estate Act. According to Article 15 of the Registration of Real Estate Act, the individual nature and identity of the land shall be determined based on the principle of one real estate, and the individual nature and identity of the land shall be determined based on the standard of judgment on the natural disaster. With respect to the land of the same lot number as the existing registration, separate registration form shall not be permitted because it is different from the existing registration register, and it cannot be applied for the separate registration of ownership of the previous registration number unless the registration form is revoked and the registration form is closed. Therefore, the judgment of the court below is justified and there is no ground for contrary to the opinion.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Tae-tae (Presiding Justice)