[대지경계확인등][집15(3)민,124]
Relation between the person acquiring real estate upon completion of the acquisition by prescription and the person who completed registration of the real estate after completion of the acquisition by prescription.
The person who acquired real estate upon completion of the prescription may not oppose the person who has registered the real estate after the completion of the prescription.
Article 186 of the Civil Act, Article 8(1) of the Addenda of the Civil Act, Article 162 of the Gu Residents Act
Whiteok
Appointment of a Senior Director
Seoul High Court Decision 64Na576 delivered on June 30, 1967, Seoul High Court Decision 64Na576 delivered on June 30, 1967
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's attorney's grounds of appeal are examined.
As pointed out in the New Year's land, the building owned by the plaintiff was constructed on August 1, 1918 on a yearly basis on the New Year's Demarcation Line, and the building owned by the defendant was constructed on January 19, 1938 on the same ground (number omitted) ground of the building owned by the defendant was purchased from the heir of the deceased on July 23, 1958, and the acquisition by prescription has been completed at the time of enforcement of the Civil Code by succession of the part of the dispute in this case from the time of the deceased's possession from the time of the deceased's possession. However, even if the acquisition by prescription was completed at the time of enforcement of the Civil Code, the plaintiff was determined by the court below that the above (number omitted), including the dispute portion in this case, the acquisition by prescription by the defendant on the ground of the expiration of the acquisition by prescription, cannot be asserted against the plaintiff, such as the abuse of rights after the completion of the acquisition by the plaintiff, and even if there is no social benefit from the plaintiff's use of rights.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Judge Do-dong (Presiding Judge) of the Supreme Court Decision Do-dong (Presiding Justice)