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(영문) 대법원 1968. 11. 19. 선고 66다1475 판결
[가옥명도등][집16(3)민,176]
Main Issues

Cases where there is an error of misapprehending the legal principles on formal requirements for validity of registration and registration of correction;

Summary of Judgment

In order to be effective in the form of a registration of real estate, at least when it is sufficient to publicly announce the relation of rights in the substance, the registration of real estate must be in close relation with the substance, and only in such a case, the registration of correction shall be allowed so that the registration can be in accordance with the substance by correcting errors or omissions in the indication of registration. If it is impossible to allow correction, the registration of correction after correction shall be null and void even if it was actually registered of correction.

[Reference Provisions]

Article 131 of the Registration of Real Estate Act, Article 71 of the Registration of Real Estate Act, Article 72 of the Registration of Real Estate Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Defendant

Judgment of the lower court

Busan District Court Decision 66Na18 delivered on June 22, 1966

Text

The part against the defendant in the original judgment shall be reversed, and such part of the case shall be remanded to Busan District Court Panel Division.

Reasons

Defendant 1’s ground of appeal No. 1

In light of the reasoning of the judgment, the court below found that the number of the above-mentioned building was no more than that of the non-party 1 and that the non-party 2 was no more than that of the non-party 1, and sold to the non-party 3 on May 18, 1962 the repurchase period until August 20 of the same year. Meanwhile, the above non-party 2 sold this to the plaintiff on November 20, 1962, the number of the real location of the building and the building were no more than that of the non-party 2, the non-party 1, the registration of the non-party 2, which was no more than that of the non-party 1, the non-party 2, the non-party 1, the non-party 3, the registration of the non-party 2, which was no more than that of the non-party 1, the non-party 3, the registration of the non-party 1, the non-party 2, the non-party 1, the non-party 2, the non-party 3, the above.

Therefore, without examining the remaining grounds of appeal, the part against the defendant in the original judgment is reversed, and the corresponding part of the case is remanded to the Busan District Court Panel Division which is the original judgment. It is so decided as per Disposition by the assent of all participating judges.

Justices Mag-do-Appellee (Presiding Justice)

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