Register of Request for Cancellation of Registration of Closure

A lawsuit seeking the implementation of the registration procedure for cancellation has no validity as the registration entered in the closed register, and is unlawful as there is no legal interest to seek it.

Article 97 of the Registration of Real Estate Act

【Court Decision 78Da1089 decided Sept. 25, 1979 (Law No. 1321)

Plaintiff Incorporated Foundation

Kimhae-gun et al.

Busan District Court (78Gahap2312)

The original judgment shall be revoked.

The litigation of this case shall be dismissed.

The original judgment shall be revoked.

With respect to each land listed in the attached Table 1, the defendant Kim Yong-gun shall take the procedure for cancelling the registration of transfer of ownership on the ground of transfer on June 21, 1968 as follows: the procedure for cancelling the registration of transfer of ownership on the ground of transfer on December 21, 1968, the procedure for cancelling the registration of transfer of ownership on the ground of the above list No. 12257 (Land 1), No. 12240 (Land 2), No. 12250 (Land 3), No. 12255 (Land 4), No. 12255 (Land 5, 66), and No. 12257 (Land 7), and the defendant 2 (limited to the defendant company) shall take the procedure for cancelling the registration of transfer of ownership on the above list No. 1 through 7 of the same list as of December 31, 1975 (Land 15801).

All the costs of lawsuit shall be borne by the Defendants in the first and second instances.

As the cause of the claim, the registration of transfer of ownership in the name of the Defendants as to each of the lands listed in the separate sheet Nos. 1 through 7 is null and void because the Minister of Finance and Economy misleads the Plaintiff into the property devolving upon the Plaintiff, and transfers it to the Defendant Kim Yong-gun, and thus, the registration is sought from the Defendants. However, each of the lands listed in the separate sheet Nos. 2 (b) (4) (8), (1), and (4) is incorporated into the lands listed in the separate sheet No. 2 (a) (c) and becomes part of the land listed in the current list No. 97 (2) of the Registration of Real Estate Act. According to the above provision of Article 97 (2) of the Registration of Real Estate Act, the registration of transfer of ownership in the separate sheet Nos. 97 of this case is unlawful. 9 of the Plaintiff’s land to be entered in the separate sheet No. 97 of this case without any dispute.

Therefore, since the original judgment is recognized to be unfair by different conclusions, it shall be revoked and the costs of lawsuit shall be borne by the plaintiff who has lost.

Judges fixed ticket (Presiding Judge) Mobile Engines