If the procedure for restoration of the registration on the closed register and the procedure for cancellation of the transfer of ownership are requested;

The registration entered in the closed register shall not be effective as the current registration and shall not be claimed for the implementation of the restoration procedure, as there is no legal provision as to the restoration procedure, and shall not be claimed for the cancellation of ownership transfer registration in the closed registration form on the premise that it is possible to recover.

Article 186 of the Civil Act, Article 26 of the Registration of Real Estate Act

[Defendant-Appellee] Plaintiff 1 et al.

Defendant 1 and three others

Gwangju High Court Decision 79Na485 delivered on April 30, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

1. According to the reasoning of the judgment below, the court below held that the registration recorded in the closed registry has no validity as the current registration, and that the procedure of recovery cannot be claimed for implementation of the procedure of recovery since there is no provision in law as to the procedure of recovery, and that the request for performance of the procedure of cancellation of ownership transfer registration on the closed registry cannot be made on the premise that recovery is possible. Thus, the above judgment of the court below is just and it is without merit,

2. According to the reasoning of the judgment below, the court below acknowledged that Defendant 1 purchased the previous land (referring to the purport of 574 large 73 square meters and 574 large 73 square meters) of the site of this case from the non-party, who was the plaintiff's decedent on April 15, 1953 after cooking evidence, 5,0000 won (the money at that time). The review by the records reveals that there was no error of misconception of facts due to violation of the rules of evidence in the process of the above fact-finding by the court below, and there is no error of incomplete deliberation or other error

3. Therefore, the appeal is dismissed. The 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 Presiding Justice (Presiding Justice)