In the case of principal registration on the basis of provisional registration, the ex officio cancellation of registration by the registry official.

Where a person entitled to provisional registration has made the principal registration of transfer of ownership based on it, the registrar may cancel the registration of transfer of ownership in the name of a third party after the provisional registration.

Article 5 subparagraph 2 of the Registration of Real Estate Act, Articles 175, 176, and 177 of the Registration of Real Estate Act

Appellant 1 et al.

Seoul Central District Court Order 80Ra36 Dated March 17, 1980

All reappeals are dismissed.

The Re-Appellants' grounds for reappeals' respective reappeals' grounds as stated in the reappeals' grounds and reappeals' grounds are examined.

According to the records and the reasoning of the original decision, the court below recognized that the provisional registration for preserving the right to claim ownership transfer was lawful on February 14, 1977 for the purpose of preserving the right to claim ownership transfer on the part of the non-Appellant 1, as stated in the reasons for the decision. On October 10, 1977, when the principal registration based on the provisional registration was completed on February 13, 1978, and the provisional registration was duly completed on February 13, 1978 as stated in the reason for original decision, and the former registration was completed on February 175 and Article 176 of the Registration of Real Estate Act as stated in the reason for original decision. The registration officer recognized the cancellation ex officio of the registration of ownership transfer on the part of the above re-Appellant 2, and determined that the above provisional registration was unlawful ex officio by misapprehending the legal principles as to the registration ex officio, and thus, the court below's decision is justified.

Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Hong-chul (Presiding Justice)