Where registration has been made upon an application for registration to be rejected, the method of extinguishment thereof.

Where the application for registration falls under the category of "where the document required for the application is not appended" as provided in subparagraph 8 of Article 55 of the Registration of Real Estate Act, the registrar shall dismiss the application for registration, but once the registrar completes the registration in accordance with such application, the registrar may only request the cancellation of the registration as the principal lawsuit for the registration, and may not seek the cancellation by the method of filing an objection against the disposition by the registrar, if the interested party on

Articles 55 and 178 of the Registration of Real Estate Act

Supreme Court Order 70Ma738 Dated August 29, 1973 73Ma669 Dated August 29, 1973

Re-appellant

Seoul Central District Court Order 86Ra616 Dated February 16, 1987

The reappeal is dismissed.

The grounds of reappeal are examined.

Examining the order of the court below in comparison with the records, since the application for registration of this case constitutes "when documents necessary for the application have not been attached" as stipulated in Article 55 subparagraph 8 of the Registration of Real Estate Act, a registrar shall reject the application for registration. However, once a registrar completes registration in accordance with the application for registration and the registration has become interested parties in the form stated in the registry, he can only file a claim for cancellation as a principal lawsuit against the registration, and cannot file a claim for cancellation by the method of objection against the disposition of the registrar, it is just and justified to dismiss the appeal against the application of this case, and there is no ground to appeal

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

Justices Lee B-soo (Presiding Justice)