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(영문) 대법원 1971. 8. 25.자 71마452 결정
[등기공무원처분에대한이의신청기각결정에대한재항고][집19(2)민,255]
Main Issues

In the case of principal registration on the basis of provisional registration, as long as the address entered in the certificate of personal seal impression of the person liable for registration is consistent with that stated at the time of provisional registration, the registrar may not reject the principal registration.

Summary of Judgment

In the case of principal registration on the basis of provisional registration, if the address entered in the certificate of personal seal impression of the person liable for registration is consistent with that stated in the register at the time of provisional registration, the registrar may not reject the principal registration.

[Reference Provisions]

Article 55 of the Registration of Real Estate Act

Re-appellant

Re-appellant

Judgment of the lower court

Seoul Civil History District Court Decision 70Ra787 delivered on May 4, 1971

Text

The reappeal is dismissed.

Reasons

The Re-Appellant's ground for reappeal is examined.

Even if the registration of transfer of ownership was made through a certificate of personal seal impression issued to the address prior to the change on the registry, the registration shall be based on the entry on the registry at the time of provisional registration in the case of the principal registration based on the provisional registration. If the address of the person liable for the registration at the time of the provisional registration is consistent with the address of the person liable for the registration at the time of the provisional registration, the registration officer should accept the application for transfer of ownership as a juristic person. If such a case falls under Article 5, Article 55, 5, 6, and 7 of the Registration of Real Estate Act, and the registration is not dismissed. In addition, even if an interest-related person who is the person liable for the provisional registration did not pay KRW 870,000, which is the balance among the agreed amount to be lent by the person liable for the provisional registration, even if the above principal registration was filed before the expiration of the due date, the registration officer cannot reject the application for transfer on the ground of such reason. The judgment of the court below

Therefore, this reappeal is groundless, so it is dismissed as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)

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