Main Issues
Whether a registered public official may cancel the registration of transfer of ownership, which has been completed without attaching a written resolution of the clan general meeting (negative)
Summary of Judgment
Although the principal registration of transfer of ownership in the name of non-applicant (A) and (B) was not accompanied by the resolution of the general meeting of the clan members among the non-applicants (A) and (B), this does not correspond to Article 55 subparagraph 2 of the Registration of Real Estate Act, and it is merely a case where the necessary document is not attached to the application under subparagraph 8 of the same Article, and it is not possible for a registered public official to cancel it ex officio after the registration has been completed. Thus, the decision of the court below dismissing the appeal on the ground that it cannot be claimed for cancellation by the method
[Reference Provisions]
Subparagraph 2 and 8 of Article 55 of the Registration of Real Estate Act
Reference Cases
Supreme Court Order 68Ma861 Decided March 4, 1969
Re-appellant
Re-appellant
United States of America
Seoul Central District Court Order 82Ra574 Dated September 24, 1982
Text
The reappeal is dismissed.
Reasons
The grounds of reappeal are examined.
In comparison with the reasoning of the original decision, even though the resolution of the general meeting of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the member of the clan was not attached when the registration was completed, since the registration was not accompanied by the necessary document, it is not possible for the registered member to ex officio cancel the registration after the registration was completed, the above clan attached the minutes of the special meeting of the member of the member, and according to the records, according to the minutes, the above clan was attached to the minutes of the member of the member of the member of
Therefore, this reappeal is dismissed as it is groundless, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kang Jong-young (Presiding Justice)