The limitation on the validity of the corrective registration

Even if there are some errors or errors in the lot number indication of a building, a registration of correction shall be allowed only when there is a close relation between the fact and the fact to the extent that it is sufficient to disclose the actual relation of rights. If the correction is not permitted, the registration of correction after the correction is made, even if it is not permitted.

Article 72 of the Registration of Real Estate Act

Plaintiff

Defendant 1 and two others

Seoul High Court Decision 65Na2405 delivered on November 15, 1966, Seoul High Court Decision 65Na2405 delivered on November 15, 196

The part of the judgment against the Defendants in the judgment is reversed.

The case is remanded to Seoul High Court.

The defendants' attorney's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below acknowledged that the non-party occupied the building ( Address 1 omitted), the non-party, as the housing constructed in Dongdaemun-gu Seoul Special Metropolitan City (Road Address 2 omitted), (Road Address 3 omitted) and (Road Address 4 omitted), and that the non-party 2 occupied the building (No. 14 at the time of the construction number 5 omitted) above (Road 5 omitted) under the name of the non-party 2 without any dispute between the parties. According to evidence, the non-party established the Housing Association and constructed the housing. The non-party 2 occupied the building ( Address 4 omitted), but the above non-party 4 omitted the registration of the change of the ownership of the building under the name of the non-party 2's name without any change in the ownership registration under the name of the non-party 4's name, and the above non-party 4 omitted the registration of the change of the ownership of the building under the name of the non-party 2, which was the change of the ownership registration under the non-party 4 omitted.

However, even if there are some errors or errors in the registration number marking of the building, the registration of the revision shall be allowed at least in cases where there is a fluoral relationship between the fact sufficient to disclose the relation of the real right. If the correction is not permitted, the registration of the revision after the correction shall be made as the registration of invalidation, and even if the correction is not permitted, there is a substantial difference between ( Address 5 omitted) and ( Address 4 omitted) in this case, and in addition, the registration of the change of parcel number is made with respect to the building ( Address 5 omitted) assigned by Defendant 2 as the registration of the building ( Address 5 omitted) assigned by the Plaintiff, and thus, the registration of the correction is null and void, despite the fact that the registration of the correction is valid, the court below erred by misapprehending the legal principles on the registration of the revision, which affected the conclusion of the judgment, which is clearly justified, and the remaining part of the judgment against the Defendants is reversed without the judgment against the Defendants.

Therefore, the part of the case is remanded to the Seoul High Court, which is the original judgment, and it is so decided as per Disposition by all participating judges.

Supreme Court Judge Round (Presiding Judge) Kim Gi-gim and Hongnam Table