[1] Where the registration of change of the indication of a registered titleholder is made within the scope of maintaining the identity of the registered titleholder, whether there is a benefit of action to seek cancellation of the registration (negative)

[2] In a case where part of the clans clan A held an extraordinary general meeting without authority to make a resolution to change the name of the clans clan A and the name of its representative, and subsequently Gap's clan, which entered the registration of change of the registered titleholder with respect to real estate owned by the clans clan A on the ground of the resolution, sought cancellation of the registration, the case holding that there is no benefit of lawsuit seeking cancellation of registration since the registration of change of indication was made within the extent that the identity of the registered titleholder was

[1] Article 248 of the Civil Procedure Act / [Lawsuit] Article 248 of the Civil Procedure Act, Article 31 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 2011; see current Article 23(6)) and Article 48 of the former Registration of Real Estate Act / [2] Article 248 of the Civil Procedure Act / [Institution of Lawsuit] Article 248 of the Civil Procedure Act, Article 31 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 201; see current Article 23(6)) and Article

[1] Supreme Court Decision 98Da60903 delivered on June 11, 1999 (Gong1999Ha, 1369) Supreme Court Decision 99Da6983 delivered on May 12, 200 (Gong2000Ha, 1400)

[Defendant-Appellee] Jinnam-Jin-Jin-Jin-Jin-Jins Association

Defendant 1 and two others (Attorneys Park Jong-soo et al., Counsel for the defendant-appellant)

Daegu District Court Decision 2009Na8138 Decided December 23, 2010

The judgment of the court of first instance is reversed, and the lawsuit of this case is dismissed. All costs of the lawsuit are assessed against the plaintiff.

ex officio deemed.

If the registration of change of the indication of a registered titleholder has reached the result of expressing the identity of a registered titleholder, the original registered titleholder may seek the cancellation of such change against the new registered titleholder, but where such change was made only within the extent that the identity of the registered titleholder is maintained, even if it was erroneous, it would have made a registration of change of the indication by submitting a prescribed document, and thus, it is not allowed to claim the cancellation of such change of indication by lawsuit as there is no benefit of lawsuit (see, e.g., Supreme Court Decisions 98Da60903, Jun. 11, 199; 9Da69983, May 12, 2000).

In accordance with the evidence of the judgment of the court of first instance, the court below cited that the change registration of the name of the clan was made by Nonparty 1 (name omitted) who was 12 descendants of the literature and changed the name of the clan to "Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-Se-Se-Se-Se-S-Se-S-Se-Se-Se-Se-Se-Se-S-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-S-Se-Se-Se-Se-Se-Se-Se-Se-Se-S.".

In the judgment of the court below, the part that deemed the registration of change of each indication of this case to be null and void is justifiable, but the part that held that the registration of change of each indication of this case can be claimed for the cancellation of each registration of change of each indication of this case on the premise that the organization indicated as the registration titleholder of this case is

The registration of change of each indication of this case is nothing more than the change of the name and representative of the Plaintiff clan clans Association as recognized by the lower court. According to the records, the name of the Plaintiff clans Association is to be changed at the Plaintiff clans Association, but it is decided to change the name of the Plaintiff clans Association to the name of Nonparty 1 (name omitted) and to change the name of the changed name to that of Nonparty 1 and the members of the clans Association, and there was a conflict of opinion between the members of the clans Association, but at the present time, the Plaintiff clans Association uses the former, and the term “Seouls Association of Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Mas-Ma.

In light of the aforementioned facts in light of the legal principles as seen earlier, even if the indication of the registration titleholder of each of the instant real estate was revised as the registration titleholder of each of the instant real estate, the indication of the registration titleholder is merely the same indication expressing that each of the instant real estate is owned by the clan clan, and is conducted within the extent that it does not undermine the identity of the registration titleholder. Even if it was made without due process as alleged by the Plaintiff, the error can be corrected by means of the registration of correction accompanied by the final conviction, etc., and thus, there is no interest in the lawsuit to seek implementation of the registration procedure of cancellation of each of the instant registration of each of the instant real estate.

Thus, although the lawsuit of this case should have been dismissed because it is unlawful, the court below accepted the claim by deeming the lawsuit of this case as legitimate. Therefore, the court below cannot avoid reversal in this respect.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient for the court to directly render a judgment, the judgment of the court of first instance which accepted the Plaintiff’s claim is revoked, and the lawsuit of this case is dismissed. The total costs of the lawsuit are assessed against the losing party. It is so decided as per

Justices Min Il-young (Presiding Justice)