Main Issues
A complainant who is indicated in the notice registration that does not fall under any interested person under Article 30 (3) of the Auction Act;
Summary of Decision
A person who has filed a lawsuit claiming the cancellation of ownership transfer registration due to invalidity of the cause for registration against the owner of auction real estate, and the prior notice registration is not a interested party as prescribed in paragraph (3) of this Article.
[Reference Provisions]
Article 30(3) of the Auction Act, Article 4 of the Registration of Real Estate Act
Re-appellant
Re-appellant
Judgment of the lower court
Seoul Civil District Court Decision 67Ra567 delivered on August 26, 1967
Text
The reappeal is dismissed.
Reasons
Judgment on the grounds for reappeal
In the original decision, the Re-Appellant filed a claim for the cancellation of ownership transfer registration due to invalidity of cause such as invalidity against the owner of the real estate at auction in this case and filed a claim for the cancellation of ownership transfer registration due to the prior notice registration, and it is just that the Re-Appellant did not constitute an interested party under Article 30(3) of the Auction Act, and the argument is groundless.
It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu