Applicant (Attorney Yang-ro)

Suwon District Court Order 2010Mo18 dated October 14, 2010

1. Revocation of the order of the court below

2. With respect to real estate listed in the separate sheet for the Giwon District Court's Sungnam Branch of Gwangju District Court:

A. In cancelling the registration of rectification of a right to collateral security completed on July 29, 2010 by the same registry office No. 41257;

B. Recovering the establishment registration of a neighboring mortgage completed on October 28, 2009 by the same registry office No. 60897;

C. An application for registration of the revision of the right to collateral security, which was received on July 29, 2010 by the same registry office other than the applicant 2, shall be dismissed.

1. Facts of recognition;

According to the records, on October 28, 2009, the applicant filed a lawsuit against the non-applicant 1 on the attached list owned by the non-applicant 2 (the process of division is omitted; only the currently registered portion is indicated; hereinafter referred to as the "real estate in this case"). However, on the real estate in this case, prior to the above right to claim division of property on September 21, 2006, the re-appellant (the name before the title was omitted) whose right to claim division of property has been preserved was registered provisional disposition No. 45/100 on the portion of the non-applicant 45/100, and the re-appellant filed a lawsuit against the non-applicant 1 on May 16, 2010, together with a provisional disposition No. 2009dhap287) with which the non-applicant 205/10 on the share in this case applied for provisional disposition No. 2050 on June 16, 2010.

2. Determination

A. The registration of correction is a registration to revise or supplement the corresponding part of the existing registration in order to correct the error or omission from the time of registration in part of the previous registration in a case where the registration is not in conformity with the substantive relationship, and the registration is a registration to revise or supplement the corresponding part of the previous registration in order to correct it. Therefore, it is distinguishable from the registration of cancellation to extinguish the entire registration because the existing registration is unlawful due to the original or latter reason, and the registration of cancellation is not recognized (Article 1027 of the Registration Rules) (On the other hand, there is no recognition of a registration of correction in the meaning of partial cancellation (Article 1027 of the Registration Rules), but it is exceptionally allowed only in the case of a registration of correction due to the error of the application or mistake

B. In the instant case, the right to collateral security established between the non-applicant No. 2 and the applicant was established on the whole share of the non-applicant No. 2 on the premise that the above decision of provisional disposition was rendered, and no error was made at the time of the application for registration. Since the non-applicant No. 2 sought cancellation of the right due to the validity of the above provisional disposition in order to perform the obligation pursuant to the decision in lieu of conciliation against the re-appellant which occurred after the occurrence of the latter, part of the share of the right to collateral security cannot be corrected by the registration of correction. Meanwhile, as mentioned above, where the right to collateral security applied for cancellation registration of the right other than ownership in the name of a third party, which was made after the registration of provisional disposition was rendered in favor of the person having the right to collateral security in the principal case, the registrar ex officio pursuant to

3. Conclusion

Therefore, since a registration officer’s disposition of cancelling a part of the right to collateral security upon the registration of correction is unlawful, the order of the court below shall be revoked, and the application for registration of correction shall be dismissed, and it shall be decided as per Disposition by the court below.

[Attachment]

Judges Seo-Woo (Presiding Judge)