Once the registrar has completed a registration, from what moment does it take effect?
General information · Not legal advice
Material to check
In the practice file, the electronic registration application record showing when the registration application information was stored in the computerised information processing system fixes when the application is deemed received, and the completed registration entry made by the registrar shows the registration has been completed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the registration takes effect from the time the application was received, provided that the registrar under the Act on Real Property Registration has actually completed the registration, so completing the entry carries the effect back to the receipt moment.
Another reading stresses that the two paragraphs mark different events: receipt is deemed to occur when the registration application information is stored in the computerised information processing system as the Supreme Court rules provide, and once the registrar has completed the registration it takes effect from the time of receipt, so the file must show both.
Your judgment
If another party's application is stored in the system between this application's storage and the registrar's completion of the registration, how would the file show whose registration takes effect and from when?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the event from which effect runs, or if a court decision explains what counts as the registration being completed by the registrar.