중복등기에 관한 일고
Validity of duplication of registration
장창민
초록
Duplicated registration refers to the case when an identical real estate was registered more than twice. It should not take place, but in reality there many duplicated registration of real estate as far as real estate is concerned and a plenty of case law to deal with it. It is highiy debated among scholars which registration out of duplicated ones is valid and change of the precedent is witnessed. The current Korea Supreme Court takes on the so-called, 'Procedural eclecticism', which means that the latter registration is invalid unless the former is not originally void. This approach is based on principle of one registration from per real estate pursuant to section 15 of Registration of Real Estate Act. However, the principle merely means that additional registration can not be carried out if one registration from was filled out for one real estate. As a result, when the registration sheet was filled out twice for one real estate, we do not need to infer that the latter registration becomes invalid unless the former is void.