(a) Where a mortgagee on the land claims an auction of a building not yet registered on the ground under Article 365 of the Civil Act along with the land, a document to prove that the above ground building is owned by the debtor or the mortgagee (=a document as provided in Article 131 of the Registration of Real Estate Act)

B. Whether a report on commencement of construction, a photograph of building status, a process confirmation, a field investigation report, a construction permit, a fact confirmation, etc., constitutes a written document stipulated in Article 131 of the Registration of Real Estate Act

A. In filing a request for auction of a real estate unregistered as owned by the debtor in the registry, documents to prove that it may be registered in the debtor’s name shall be attached (Article 602(1)2, Article 728 of the Civil Procedure Act). The preservation of ownership of unregistered buildings shall be limited to the person who proves by a certified copy of house register that it is registered in the house register of himself or the predecessor, or a person who proves his ownership by a certified copy of house register or by a written document of the head of a Si/Gu/Eup/Myeon, and a person who proves that ownership was acquired by expropriation (Article 131 of the Registration of Real Estate Act). Thus, in case where the mortgagee of the land requests an auction of a building unregistered on the ground along with the land unregistered on the ground pursuant to Article 365 of the Civil Act, a document to prove that the building on the ground is owned by the debtor or the mortgagee,

(b) A report on commencement, a building status photograph, a process confirmation, a field investigation report, a construction permit, a fact confirmation, etc. shall not be deemed to fall under the prescribed document under Article 131 of the Registration of Real Estate

(b)Article 131 of the Registration of Real Estate Act: Article 365 of the Civil Act; Articles 602(1)2 and 728 of the Civil Procedure Act;

B. Supreme Court Order 84Ma81 dated Nov. 13, 1984 (Gong1985,346) dated Apr. 1, 1985 85Ma105 (Gong1985,90)

Special Appellants

Jeju District Court Order 92Kagi30 dated September 18, 1992

The special appeal is dismissed.

The grounds for special appeal are examined.

In filing a request for auction of any immovables unregistered as owned by the debtor in the registry, documents to prove that they may be registered in the debtor’s name shall be attached (Articles 602(1)2 and 728 of the Civil Procedure Act). The registration of preservation of ownership of unregistered buildings may only be applied by a certified copy of the house ledger, or by a person who proves by a certified copy of the house ledger that they are registered in the house ledger of himself or the predecessor, or by a document of the head of Si/Gu/Eup/Myeon, and by a person who proves that they have acquired ownership due to expropriation (Article 131 subparag. 1, 2, and 3 of the Registration of Real Estate Act). Thus, in case where a mortgagee on the land requests an auction of the unregistered building on the land together with the land under Article 365 of the Civil Act, documents to prove that the above ground building is owned by the debtor or the mortgagee, the above documents as provided in Article 131 of

According to the records, the special appellant filed a request for auction of the unregistered building of this case newly constructed pursuant to Article 365 of the Civil Code, along with the land which is the object of mortgage, and attached a report of commencement of construction and a photograph on the present state of the building. In applying for the correction of the decision of this case, the special appellant submitted a fair confirmation as data. This document does not constitute a document stipulated in Article 131 of the Registration of Real Estate Act (see, e.g., Supreme Court Order 85Ma105, Apr. 1, 1985; Supreme Court Order 84Ma81, Nov. 13, 1984; Supreme Court Order 84Ma81, Nov. 13, 1984). For the same purpose, the order of the court below dismissing the application for correction of this case by a special appellant is just

Although the special appellant submitted a field investigation, building permit, and fact-finding certificate, etc. at the same time as the special appeal of this case or thereafter, it cannot be viewed as a reference for determination at the court of law, and these documents cannot be viewed as a document stipulated in Article 131 of the Registration of Real Estate Act.

Therefore, the special appeal of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.