Where a registrar cancels registration ex officio, the method to seek cancellation of such registration.

Where any completed registration falls under Articles 55 (1) and 2 and 175 of the Registration of Real Estate Act, a registry official shall not ex officio cancel it on any ground falling under subparagraph 3 of Article 55 of the same Act even after sunset, and shall not seek the cancellation of such registration by means of an objection against the disposition by the registry official.

Article 175 of the Registration of Real Estate Act, Article 31 of the Registration of Real Estate Act, Article 48 of the Registration of Real Estate Act

○ ○ Cancer

Busan District Court Order 73Ra52 dated June 5, 1973

The reappeal is dismissed.

Judgment on the grounds of reappeal by the reappeal agent;

In case where a registration official has completed the construction by accepting an application for registration, the registration official shall not ex officio cancel the registration for reasons falling under subparagraphs 1 and 2 of Article 55 and Article 175 of the Registration of Real Estate Act even if the registration falls under any of subparagraphs 3 of Article 55 of the same Act, and the registration shall not be cancelled by means of objection against the disposition of the registration official, apart from the dispute as a lawsuit. According to Article 31 and Article 48 of the same Act, an application for registration of correction of the indication of the registration official may not be filed by means of objection against the registration official. According to Article 31 and Article 48 of the same Act of the same Act, the registration official can only apply for registration of correction because there is an error in the indication of the registration person at the time of the application for registration, and Article 55 subparagraph 2 of the same Act provides that "where the registration person is not a person to register," the registration official shall not be legally allowed in the purport of the application itself, and in the same case, it shall not be justified in the decision of correction as mentioned above.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Byung-ho (Presiding Justice)