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(영문) 대법원 1987. 1. 23.자 86마784 결정
[등기공무원의처분에대한이의신청기각결정에대한재항고][집35(1)민,34;공1987.5.1.(799),617]
Main Issues

A. The meaning of "third party who has an interest in the registration" under Article 72 of the Registration of Real Estate Act

(b) Any third party who has an interest in the registration of correction as provided in Article 72 of the Registration of Real Estate Act;

Whether it is reasonable or not

Summary of Judgment

A. The term "third party who has an interest in the registration" as provided in Article 72 of the Registration of Real Estate Act means the right holder in the registration which is likely to incur loss in the form of the registration by allowing the registration of correction to correct errors or omissions existing in the existing registration.

B. In the process that the land registration number was entered in the registry No. 3422 due to the change of administrative district and name, the registration number was omitted due to the mistake of a registry official in the process of entering the registration number No. 528, but all other indications are consistent with the real situation, and in addition, if there is no lot number indicated only with the mother lot number on the land cadastre or cadastral map, the above registration is recognized as identical to the registration prior to the transfer. If the registration is again entered due to the change of administrative district number No. 10496, with the omission of the above lot number in the registration number No. 10496, the above registration No. 10496, the above registration is a valid registration on the land as indicated in the above list No. 528, and the registration No. 1390, new registration number of a third party was newly established after the change of administrative district, and even if the registration number No. 1294, which constitutes the above registration No. 1390, the above registration No. 294, even if it constitutes the above registration No. 194.

[Reference Provisions]

Article 72 of the Registration of Real Estate Act

Re-appellant

Re-appellant

The order of the court below

Seoul Central District Court Order 86Ra415 Dated August 27, 1986

Text

The order of the court below is reversed, and the case is remanded to Seoul Civil Procedure District Court Panel Division.

Reasons

The grounds of reappeal are examined.

According to the reasoning of the order of the court below, since the land of this case is the land of this case for which registration of ownership preservation was made under the name of non-party 1 in the name of the above non-applicant 2, the land of this case was divided into 519 square meters prior to December 23, 1926 ( Address 2 omitted) and its category was changed to 435 square meters prior to December 23, 1926, and the registration number of this case was changed to 435 square meters prior to January 1, 1963 and its name was changed to 528, the registration number of this case was omitted to 435 square meters in Yeongdeungpo-gu, Seoul ( Address 3 omitted), and the registration number of this case was omitted to 460 square meters prior to the above new registration number No. 1 in the name of the non-party 1, the registration number of this case was changed to 435 square meters, and the registration number of this case was omitted to 4620 square meters.

However, Article 72 of the Registration of Real Estate Act refers to the right holder of a registration which is likely to incur damage in the form of registration by permitting a registration of correction of error or fluence existing in the existing registration. Thus, as recognized by the court below, the land of this case, which is marked as 435 square meters prior to the 435 square meters in the indication column of the 3422 registry No. 3422, shall be entered as 435 square meters prior to the Seoul Yeongdeungpo-gu ( Address 4 omitted) registration number due to the change in its administrative district and name, in the registration number No. 528, in the process of entering the registration number No. 528, 435 square meters prior to the Seoul, Yeongdeungpo-gu ( Address 4 omitted) registration number No. 435, and all other indications are identical to the registration number No. 940, which is identical to the above 940, which is a valid registration number prior to the entry.

Therefore, the order of the court below shall be reversed, and the case shall be remanded to the Panel Division of the Seoul Northern District Court. It is so decided as per Disposition with the assent of all participating Justices.

Justices Park Jong-soo (Presiding Justice)

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