A person who has acquired rights on the register after the registration of the person entitled to make a registration was cancelled by an unlawful method shall have an obligation to approve the procedure for recovery registration.

A person who has acquired rights on the register after the registration of the person entitled to make a registration was cancelled by illegal means shall have an obligation to approve the procedure for recovery registration of the person entitled to make

Article 50 of the Registration of Real Estate Act, Article 75 of the Registration of Real Estate Act

Sponsorus

Gambi, et al.

Seoul Civil Area and Seoul High Court Decision 70Na2852 delivered on May 12, 1971

The appeal is dismissed.

The costs of appeal shall be assessed against the defendants.

The defendants' grounds of appeal are examined as to the defendants' attorney;

According to the judgment of the court of first instance as cited by the court below, the court acknowledged the following facts by the evidence of the judgment. In other words, this real estate is originally owned by Co-Defendant 1 in the first instance court. On October 15, 1969, the plaintiff made a promise to sell and purchase this real estate and made a provisional registration based on such promise to sell and purchase this real estate. The co-defendant 1 in the first instance court delegated the plaintiff's seal and the certificate of seal imprint and cancellation registration to the judicial officer, by forging the power of representation, and thus, it is hard to find the above provisional registration under the above name of the plaintiff's title to be cancelled on December 1, 1969 (the above forgery was the first co-defendant 1 in the first instance court's request for the above provisional registration cancellation against the plaintiff Co-Defendant 1 in the first instance court's judgment, and the court below did not err in the misapprehension of legal principles as to the above provisional registration, but it did not err in the misapprehension of legal principles as to the above provisional registration from the first instance court's judgment.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)