Although cancellation registration or other disposition is null and void, if the party voluntarily registers cancellation (negative)

The registration of cancellation under Article 75 of the Registration of Real Estate Act refers to a registration which has the same effect as that of cancellation retroactively at the time of cancellation in cases where any registration is entirely or partially cancelled, by restoring the cancelled registration and having the same effect as that of cancellation retroactively at the time of cancellation. In this context, the improper means a case where cancellation registration or other disposition is invalid, regardless of the procedural defect due to the substantive reason. Therefore, in a case where a party to a registration of cancellation voluntarily made registration

Article 75 of the Registration of Real Estate Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Seoul Trust Bank Co., Ltd., Counsel for the plaintiff-appellant and three others

Defendant 1 and 45 others

Busan High Court Decision 91Na15003 delivered on July 16, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

1. The term “registration of cancellation” under Article 75 of the Registration of Real Estate Act refers to a registration that has the same effect as the cancellation had no effect retroactively at the time of cancellation in a case where all or part of a registration was cancelled illegally. The term “illegal” here refers to a case where cancellation registration or other disposition becomes null and void, regardless of the procedural defect due to a substantive reason, regardless of the fact that the cancellation registration or other disposition was made based on a procedural defect. Therefore, if a party voluntarily made a registration of cancellation, registration of cancellation cannot be made (see, e.g., Supreme Court Decision 89Meu5673, Jun.

2. According to the reasoning of the judgment below, the court below acknowledged that the plaintiff extended money to the non-party limited partnership company's assistance industry and obtained the registration of creation of a superficies on the real estate in this case owned by him as collateral from the defendant 1 through 45, while completing the registration of creation of a superficies which was completed under the name of the representative director of the above company, the registration of creation of a superficies was transferred to the above company, and thereafter, the plaintiff was paid all the above loans from the above company upon the above company's request by the public official's mistake, and the above registration of creation of superficies was cancelled. The above registration of creation of superficies was ordered to cancel the registration of creation of a superficies in this case, and it was just for the court below to recognize that the above registration of creation of superficies was established directly from the above defendants as the registration of creation of a superficies in this case, and since the plaintiff transferred the above registration of creation of superficies to the above company as the principal director of the above company, the plaintiff's obligation to voluntarily cancel the registration of creation of superficies to the above defendant 1 to the above company and the registration of creation of superficies.

3. The issue is that the retroactive extinction due to the invalidation, cancellation, or cancellation, etc. of the cause of cancellation registration is applicable to the case where the cause of cancellation registration is cancelled as a declaration of intent due to mistake, and therefore, it constitutes the requirement of restoration registration even in the case of this case where the cause of cancellation registration is cancelled as a declaration of intent due to mistake. Thus, it can be a ground for restoration registration due to substantive reasons such as invalidation, cancellation, etc. of the cause of cancellation registration. However, in the case of this case, the registration of creation of superficies is cancelled by mistake or mistake of the plaintiff, and even in the case where the registration of creation of superficies was cancelled voluntarily and voluntarily based on the intention of the party concerned even though there is no legal cause, the registration of restoration is not allowed as long as the party voluntarily and voluntarily made cancellation registration based on the intention of the party concerned, and even if the registration is cancelled by mistake or mistake, it shall

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.