Where a registration of preservation of ownership has been made in the name of the original owner on any property devolving upon the State but a registration of preservation of ownership has been made again in the name of the Republic of Korea, the validity of the registration for preservation made

If the registration of the restoration of ownership was made in the name of Japan, the owner of June 30, 1954, and the registration of the preservation of ownership was made in the name of the country overlapping with this on September 21, 1961, then the registration of preservation of ownership in the name of the country made subsequent to the completion of the registration of the preservation of ownership and the registration of the establishment of a neighboring mortgage made on the basis of this will be null and void. As such, even if the registration was granted in the voluntary auction procedure conducted on the basis of the registration of the establishment

Articles 15 and 130 of the Registration of Real Estate Act, Article 186 of the Civil Act

Supreme Court Decision 79Da1555 Decided December 26, 1979

Attorney Seo-dae et al., Counsel for the defendant-appellant

Park Chang-gu et al. and two others

Daegu High Court Decision 80Na861 delivered on December 17, 1980

The judgment of the court below is reversed, and the case is remanded to Daegu High Court.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that the registration of ownership transfer was made in the name of the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 2 and the non-party 1 and the non-party 4 and the non-party 1 and the non-party 1 and the non-party 1 and the non-party 2 and the non-party 1 and the non-party 4 were the non-party 1 and the non-party 9 were the non-party 1 and the non-party 9 were the non-party 1 and the non-party 1 and the non-party 4 were the non-party 1 and the non-party 1 and the non-party 2 were the non-party 1 and the ownership transfer registration was made in the name of the non-party 1 and the non-party 1 and the non-party 1 were the non-party 1 and the non-party 1.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the Daegu High Court, Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice) Kim Jong-young (Presiding Justice)