[사용료등][공1994.1.15.(960),176]
Where the registration of transfer of ownership is made while the land is divided and owned, the legal relationship with the third party;
Even if the entire land is separately owned, unless a share ownership transfer registration has been completed, barring any special circumstance, the right to the land can only be exercised within the extent of the share in relation to a third party other than co-owners.
Articles 262 and 211 of the Civil Act
Supreme Court en banc Decision 79Da634 Decided September 9, 1980 (Gong1981, 1480) Decided 77Da1366, 1367, 1368 decided September 13, 197 (Gong1981, 1480)
Plaintiff 1 and one other
[Defendant-Appellee] Defendant 1 and 3 others
Busan High Court Decision 92Na13943 delivered on April 2, 1993
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
We examine the plaintiffs' grounds of appeal.
1. According to the reasoning of the judgment below, the court below acknowledged that the transfer registration of ownership was made in the name of the plaintiffs on May 22, 1990 under No. 5885 with respect to the above shares of 2,649,30 2,640 m2,640 m2,640 m2,30 m2,300 m2,380 m2,300 m2,300 m2,300 m2,300 m2,360 m2,300 m2,300 m2,480 m2,300 m2,300 m2,300 m2,300 m2,300 m2,460 m2, and the defendant occupied the above land without any title title to the above land without any legal ground. Thus, the court below's determination that the plaintiffs' right to claim the transfer registration of ownership of the above 460 m260 m2, is justified.
Therefore, there is no reason to hold the judgment of the court below that there is an error of law by misunderstanding the rules of evidence and the legal principles.
2. Therefore, all appeals are 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 on the bench.
Justices Ansan-man (Presiding Justice)