(a) Whether or not to seek a cancellation of registration by means of an objection under Article 178 of the Registration of Real Estate Act;

B. The meaning of "where the case is not registered" under Article 5 (2) of the Registration of Real Estate Act

A. If an active disposition was taken by a registrar upon the application of the applicant, the cancellation of the registration cannot be claimed in a way of objection under Article 178 of the Registration of Real Estate Act, aside from the dispute over the validity of the registration in a lawsuit, unless it falls under subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act, even if the disposition was improper.

(b) For the purpose of subparagraph 2 of Article 55 of the Registration of Real Estate Act, the term “where the case is not to be registered” means the case where it is obvious that the application for registration cannot be permitted mainly by the purport of the application itself;

(a) Article 178 of the Registration of Real Estate Act;

a.b. Supreme Court Order 84Ma99 Dated Apr. 6, 1984 dated Feb. 24, 1988 87Ma469 Dated Feb. 24, 1988

Re-appellant

Gwangju District Court Order 89Ra17 dated July 10, 1989

The reappeal is dismissed.

The grounds of reappeal are examined.

The Re-Appellant's ground for appeal is that the Re-Appellant's written consent of the Re-Appellant who is a third party with interest in the registration of ownership transfer or a certified copy of the judgment that can oppose it has been completed without being attached to the Re-Appellant's claim for transfer registration of ownership, and it is erroneous that the provisional registration of the right to claim transfer registration of ownership was cancelled by the illegal succession execution clause. However, if a registry official has completed active disposition upon the application of the applicant, even though such disposition was unfair, it shall not be claimed for cancellation by means of objection under Article 178 of the Registration of Real Estate Act, unless it does not fall under subparagraphs 1 and 2 of Article 55 of the Registration of Real Estate Act, regardless of the dispute about the validity of the registration in a lawsuit. The "where the case is not registered" under subparagraph 2 of Article 55 of the Registration of Real Estate Act refers to the case where it is obvious that the application for registration cannot be legally permitted by the purport of the application itself, and thus, it is justified that the appeal does not fall under the grounds of appeal.

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

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won