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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the reasoning of the judgment of the court of first instance and that of the Plaintiff’s assertion is the same as that of paragraphs (1) and (2) of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of
2. Determination
A. Article 178 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 2011; hereinafter “former Registration of Real Estate Act”) provides that “any person who has an objection against a registration officer’s decision or disposition may file an objection with the competent district court.”
Where a registrar has made an active disposition to complete registration procedures at the request of an applicant for registration, even if such disposition is improper, the registrar under Article 5 subparagraph 1 and 2 of the former Registration of Real Estate Act shall reject the application by decision, stating the grounds therefor, only in any of the following cases:
However, the same shall not apply where an error in the application can be corrected or corrected on the same day by the applicant.
1. Where the case is not under the jurisdiction of the registry office;
2. A registration cannot be claimed by means of an objection under Article 178 of the former Registration of Real Estate Act, separate from the dispute over the validity of registration through a lawsuit, unless the case does not fall under the case where the registration is not to be filed. However, where a registration officer neglects the execution of registration by accepting the application for registration and executing it, or where a registration officer makes a decision to dismiss the application for registration, he/she may raise an objection without any special limitation on the grounds of objection.
In order to eliminate the effect of unfair decision or disposition by a registrar and make it possible to register or dispose of it as the party requested, the objection system has a court examine the legitimacy of disposition by the registrar.
(b).