logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1968. 4. 2. 선고 67다443 판결
[가옥명도][집16(1)민,207]
Main Issues

Cases where there is an error of misapprehending the legal principles on formal effective requirements or registration of correction;

Summary of Judgment

The registration of initial ownership or registration of transfer made on the building (number 1 omitted), which is (number 2 omitted), shall be null and void as there is no reason to distinguish between the substance and the substance to the extent sufficient to make the public in the actual relation of rights, and in such a case, it is not possible to permit the registration of initial revision, so even if the registration of initial revision was made on April 22, 75 (as the en banc Decision 74Da2188 delivered on April 22, 75).

[Reference Provisions]

Article 186 of the Civil Act, Article 71 of the Registration of Real Estate Act, Article 72 of the Registration of Real Estate Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Defendant

Judgment of the lower court

Busan District Court Decision 66Na339 delivered on February 8, 1967

Text

We reverse the original judgment.

this case is remanded to Busan District Court Panel Division.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below acknowledged that the plaintiff's land number of the above building was on the ground (number 1 omitted) in Msan City, but the non-party 1, who was the original owner, obtained the ownership preservation registration as of May 19, 1956, the lot number of the above building was (number 2 omitted), and thereafter the ownership of the above building was transferred to non-party 2. The plaintiff purchased it from the above non-party 2 on February 23, 1966 and completed the registration of transfer of ownership on March 14 of the same year, which was consistent with the actual circumstances. Thus, the court below did not err in the misapprehension of legal principles as to the above building's ownership registration (number 1 omitted), and it cannot be seen that the plaintiff's ownership registration was valid after the correction of the registration number number number number of the above building (number 1 omitted) and it cannot be viewed that it was not consistent with the actual legal relationship.

The presiding judge of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Justice)

arrow
심급 사건
-부산지방법원 1967.2.8.선고 66나339
참조조문
기타문서