The fact that the intermediate omission registration made without agreement is consistent with the substantive legal relationship shall be proved by the registered titleholder who claims it.

(i) Even if an intermediate omission registration has been made without the agreement of the parties concerned, it shall be valid if it conforms to the substantive legal relationship, but the burden of proof that it conforms to the substantive legal relationship shall be borne by the person claiming it;

Article 186 of the Civil Act, Article 262 of the Civil Procedure Act

Park Sang-soo

Republic of Korea and one other

Seoul High Court Decision 69Na43 delivered on May 13, 1969

The original judgment is reversed, and the case is remanded to the Gwangju District Court.

According to the reasoning of the original judgment on the grounds of appeal Nos. 1 and 2 by the Plaintiff’s agent’s ground of appeal, the lower court determined that this case’s registration is an interim omission registration made without agreement between the Plaintiff’s related party (the heir of Nonparty 1, the heir of Nonparty 2, the Republic of Korea, and the Defendant), so long as this case’s registration is the actual owner of the right, it cannot be deemed as an invalidation registration. The first registration is presumed to be consistent with the truth of legal relations unless there is counter-proof, and thus, it is presumed that the registration is based on the evidence that it is valid unless there is an agreement between the parties concerned, and that the registration is based on the evidence that it is valid for lack of substantive legal relations. However, even if it is based on the evidence that it is valid for lack of agreement among the parties concerned, the lower court should prove that it is valid for lack of substantive legal relations.

Therefore, according to Article 406 of the Civil Procedure Act, the case shall be remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Yang Byung-ho (Presiding Judge)