Whether the registration official can dismiss the request or ex officio after entering into a protocol, where a request for registration is made by a lawful decision of permission for auction in form, and the decision becomes null and void.

If a request for registration by a decision of permission of successful bid is legitimate in form, the registration official is in a position to register pursuant to the above commission, and there is no authority or position to practically examine whether the decision of permission of successful bid has expired or not, so even if the decision of permission of successful bid has expired by domestic affairs, a request for cancellation by a separate lawsuit can be filed, apart from the fact that it does not constitute a time of registration under Article 55 subparagraph 2 of the Registration of Real Estate Act, and it cannot be dismissed or ex officio

Re-appellant

Seoul Central District Court Decision 76Ra216 delivered on August 23, 1976

The reappeal is dismissed.

The grounds of re-appeal are examined together.

In the case of this case where it is apparent that a request for registration by a decision of permission of auction is legitimate in the form of a request for registration by the court of auction, the court below does not have the authority or position to actually examine whether the decision of permission of auction has been invalidated by the above request. Thus, even if the decision of permission of auction has been invalidated as alleged by the re-appellant, a request for cancellation by a separate lawsuit can be filed on the ground that the above reasons do not fall under the "when it is not registered" under Article 5 (2) of the Registration of Real Estate Act, and it does not fall under the "when it is not registered" under Article 55 (2) of the Registration of Real Estate Act, and it is correct that the court below justified the disposition of permission of auction, such as the case of the registry official, and the objection against it is groundless, and it cannot be deemed that there is a wrong interpretation of the law, such as the theory of lawsuit, and it is not reasonable to hold that the above reasons are unlawful on the basis of an independent opinion.

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

Justices Lee Il-hee (Presiding Justice)