Indication of the order of judgment against an unregistered building and revision of the judgment;

In a lawsuit seeking the registration of ownership transfer for an unregistered building, if the competent Dong office attached a building number on the ledger of an unauthorized building to specify the subject matter of the lawsuit, and the court submitted the purport of the claim by putting the building number on the ledger of an unauthorized building and accepted the claim with reasonable grounds, and did not state the building number omitted in the order, it constitutes an error of the judgment that can be corrected pursuant to Article 197(1) of the Civil Procedure Act.

Article 197(1) of the Civil Procedure Act

Attorney Lee Jae-chul, Counsel for the special appellant-appellant

Seoul District Court Order 86Ka9310 Dated June 27, 1986

The order of the court below is reversed.

The real estate indication in the order of the Seoul District Court Decision 85Da3301 delivered on May 29, 1986 is corrected to 10 square meters of the house for the evaluation of the mentoraula sap set of Guro-gu Seoul ( Address omitted) Guro-gu, Seoul ( Address omitted), and to 10 square meters of the house for the evaluation of the mentora sap set of the Seoul Guro-gu ( Address omitted) and the 10 square meters of the house for the 10th [Unauthorized building number (number omitted)].

The grounds for special appeal are examined.

According to the records, a building which is the object of the lawsuit of the Seoul District Court Decision 85Da3301 delivered on May 29, 1986, which is the object of the lawsuit of the Seoul District Court Decision 85Da3301 delivered on the south Branch of the Seoul District Court, where the special appellant claimed correction, is an unregistered building on the ground, and on the land, another building is constructed on the land, and a claim for the registration of ownership transfer is filed as stated in the order of this case by adding a building number on the building ledger kept by the competent Dong office in order to specify the building of this case, and the above judgment did not contain the building number omitted in the order of this case upon accepting the special appellant's claim, which constitutes an error of the judgment that can be corrected pursuant to Article 197 (1) of the Civil Procedure Act.

However, the rejection by the court below of the application by the special appellant who requested the correction constitutes a violation of the law which affected the judgment, and therefore the special appeal is reasonable.

Therefore, the order of the court below is reversed, and since this case is deemed sufficient to be tried by party members, it is decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)