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(영문) 대법원 1971. 3. 24.자 71마105 결정
[공무원결정이의기각결정에대한재항고][집19(1)민,264]
Main Issues

On the other hand, any objection can not be raised against the disposition of the registration officer on the ground that the receipt number of the application document for registration was later, and the registration based on the application for subordinated may not be deemed to fall under Article 5 (2) of the Registration of Real Estate Act.

Summary of Judgment

If the ownership transfer registration has already been made to the junior registration applicant with respect to the same real estate ownership, the senior registration applicant cannot raise an objection on the ground of the order of receipt number of the application document under the current law where there is no ground for the registration official to register the cancellation ex officio. The registration based on the above junior registration application does not constitute “where the case is not to be registered” as referred to in Article 5 subparag. 2 of this Act.

[Reference Provisions]

Article 54 of the Registration of Real Estate Act, Article 55 subparagraph 2 of the Registration of Real Estate Act, Article 178 of the Registration of Real Estate Act

Re-appellant

Re-appellant

Judgment of the lower court

Busan District Court Decision 69Ra390 delivered on December 28, 1970

Text

The reappeal is dismissed.

Reasons

The grounds for reappeal by the re-appellant and his agent are also considered.

According to the facts established by the court below, the application for registration of this case was received by Busan District Court No. 11,384 as the Busan District Court No. 1969, and the application for registration of this case was received by the same court No. 11,385 as the registry official No. 1969, and the registrar did not accept the application for registration No. 11,384 as the receipt number No. 11,384. In other words, this application was rejected, and the registration was made through the registration No. 11,385 as the registration number No. 11,385. In this case, the court below did not err in the documents for prior registration which were rejected by the registry official of this case, and even if the registration official of this case was not in the nature of its rejection, the court below's order No. 2,000,000 were not accepted by the court below's order No. 5,000,000,000 No. 4,00.

Therefore, this reappeal is without merit, and this reappeal is dismissed as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court (Presiding Judge)

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심급 사건
-부산지방법원 1970.12.28.선고 69라390
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