If there is a commission of the registration of entry indicating the inheritance relation, whether the registration of inheritance can be made with the provisional disposition prohibition registration without following the registration of inheritance.

Where inheritance has commenced between the deceased and the deceased, even though there was an act of causing the sale and purchase of the real estate owned by the deceased, but the deceased did not file an application for registration of ownership transfer, the inheritor may apply for registration of ownership transfer from the deceased to the buyer, etc. who is the person causing the death of the deceased, along with a document verifying his/her status, and in such a case, the buyer may immediately transfer his/her name in the future without the need to complete registration of inheritance. This legal doctrine is applied not only to the case of joint application by the heir and the person entitled to registration, but also to the entrustment of provisional disposition registration by the court according to the acceptance of the provisional disposition prohibition to preserve the right to claim the transfer or establishment of a right due to the act of causing the death of the deceased. Therefore, if a request for registration

Articles 47 and 55 subparag. 6 of the Registration of Real Estate Act, Article 719(3) of the Civil Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Jae-soo and 2 others, Counsel for plaintiff-appellant-appellee-appellant-appellee-appellant-appellant-Appellee-appellant-Appellee-Appellee-Appellant

Plaintiff (Attorney Kim Dong-ho, Counsel for the plaintiff-appellant)

Defendant

Defendant 1 and one other

Busan High Court Decision 93Na12039 delivered on April 8, 1994

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal (to the extent of supplement in case of the supplemental statement of the grounds of appeal) are examined.

The court below, on the ground that the defendant purchased the above real estate from the deceased non-party 1 who is the title holder of the real estate in dispute, and the court, upon receiving the application, entrusted the registration of provisional injunction entry by indicating the person liable for registration as his heir. At the time when the inheritance registration of the above real estate was not completed, the entrustment of the above entry registration constitutes a case where the indication of the person liable for registration on the entrustment certificate (he heir) is inconsistent with the title holder on the registry (the above non-party deceased). Thus, it is obvious that the acceptance of the registration should be made by the public official under subparagraph 6 of Article 55 of the Registration of Real Estate Act. However, even if the public official's rejection of the application for registration under subparagraph 3 of Article 5 of the Registration of Real Estate Act did not dismiss it, it cannot be viewed that the registration itself is void as a matter of course, and it does not coincide with the legal principles as to the effect of provisional injunction entry in the registry as to whether the person liable for registration should have a right to the above ownership or right.

In the lawsuit, the third party cannot believe that the above provisional disposition registration is a miscellaneous entry registration against the deceased. Nevertheless, if the above entry registration is deemed valid, it would prejudice the rights of the interested parties who are bound to enter a new transactional relationship. However, as in the case of this case, where inheritance commences between the deceased and the deceased who did not make an application for registration, the heir may immediately apply for the registration of ownership from the deceased, by attaching documents proving his status (Article 47 of the Registration of Real Estate Act). In such a case, the title of the above provisional disposition registration can be transferred to the buyer without the need to obtain the above provisional disposition registration (see, e.g., Supreme Court Decision 8Da2986, Oct. 27, 1989; Supreme Court Decision 2002Da2727, Oct. 27, 1989). This legal principle is applicable to the provisional disposition registration where the heir and the person entitled to make a provisional registration were duly indicated in the above provisional disposition registration registration without the need to obtain the above provisional disposition registration.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)