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(영문) 서울동부지방법원 2015.06.10 2014나22279
소유권이전등기
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court's explanation concerning this case is that "4,711/4,695" in Part 2 of Part 3 of the judgment of the court of first instance shall be "4,695/4,711", and "from July 8, 1983 to July 8, 2003," "from July 14, 1983 to July 14, 2003," and "from July 14, 1983 to July 14, 2003," or "after the defendant's assertion added at the court of first instance and its decision are as stated in the reasoning for the judgment of the court of first instance," and this shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The defendant asserts that since the acquisition by prescription was completed after the completion of the acquisition by prescription, the defendant, who is a minority right holder of the jointly owned property, can seek delivery or surrender of the jointly owned property as an act of management of the jointly owned property. The defendant's acquisition of 16/4711 shares out of the defendant's land on November 25, 2009 is legitimate as the method of management of the jointly owned property, but the majority of co-owners can independently manage the jointly owned property without consultation with other co-owners, and decide to use and benefit from the specific portion of the co-owned property exclusively. Thus, the third party who acquired a minority share that does not reach the majority from some co-owners at the time of the completion of the acquisition by prescription after the completion of the acquisition by prescription is merely a one who acquired the ownership of the remaining majority share and becomes a majority right holder (see, e.g., Supreme Court Decision 200Da36385, Apr. 36, 1995). 205

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