beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s addition of the pertinent part of the judgment as to the matters alleged in the trial, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. 1) The Plaintiff’s assertion that the procedure for filing an application for registration was invalid and determined. At the time of filing an application for the registration of the establishment of a new domicile in the instant case, the Plaintiff attached the confirmation document prepared by G by a certified judicial scrivener G pursuant to Article 51 of the Registration of Real Estate Act. However, the person who prepared the confirmation document was F, which is not G a certified judicial scrivener, and this would violate Article 51 of the Registration of Real Estate Act that limits the subject of preparation of confirmation document to an attorney-at-law or a certified judicial scrivener. Therefore, the registration of the establishment of a new domicile in the instant case is null and void due to a serious defect in the procedure for filing an application for registration. 2) Furthermore, in light of the purport of Article 51 of the Registration of Real Estate Act, the preparation of confirmation document is deemed as having the nature of completion evidence, and even if a certified judicial scrivener may receive assistance from the clerk pursuant to the relevant Act and subordinate statutes, it is not allowed to conduct an ex-ante direction or supervision on his/her behalf beyond the matters required.
(1) In cases where a certified judicial scrivener violates the above provisions by acting for a certified judicial scrivener to confirm whether he/she is a person liable for registration (see, e.g., Supreme Court Decision 2007Da4295, Jun. 14, 2007).