In applying for registration of correction, the meaning of "third party who has an interest in the registration" and the criteria for judgment;

Where there is a third party who has an interest in the registration of correction, the written consent or a certified copy of the judgment in opposition thereto shall be attached to the application form. In this case, the third party who has an interest in the registration means the right holder on the registration which is likely to incur loss by allowing the registration of correction to correct errors or omissions existing in the existing registration, and the risk of causing such loss shall be determined by the form of registration and shall not be considered.

Articles 63 and 74 of the Registration of Real Estate Act

[Plaintiff-Appellee] 86Ma784 decided January 23, 1987 (Gong1987, 617)

[Judgment of the court below]

Daegu District Court Order 97Ra154 dated December 10, 1997

The reappeal is dismissed.

The grounds of reappeal are examined.

Article 74 of the Registration of Real Estate Act (hereinafter referred to as the "Act") provides that Article 63 of the Act shall apply mutatis mutandis to the correction of registration for a part of the registered matters. Article 63 of the Act provides that where there is a third party having interests in the registration, a written consent thereof or a certified copy of a court judgment against it shall be attached to the application for registration of correction. Thus, even in the case of an application for registration of correction, if there is a third party having interests in the registration, a written consent thereof or a certified copy of a court judgment against it shall be attached to the application. In this case, a third party having interests in the registration refers to a right holder of the registration who is likely to suffer damage by permitting the registration of correction immediately excluding errors or omissions existing in the registration, and the risk of such damage shall be determined by the form of registration and whether there is concern about actual damage (see Supreme Court Order 86Ma784, Jan. 23, 1987).

In the same purport, the court below is just in holding that the disposition of the registrar who dismissed the applicant's application for registration of correction of this case is legitimate on the ground that the registered titleholder, etc. of registration of inheritance based on the registration that became the object of the application for registration of correction of this case is a third party with a risk of causing damage to the form of registration if the registration of correction of this case is permitted, and that his written consent or a certified copy of judgment against him was not attached. In so doing, the court below did not err by misapprehending the legal principles as to the third party with a interest in the registration. The grounds for reappeal cannot be

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

Justices Park Jong-chul (Presiding Justice)