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(영문) 서울고등법원 2017.05.24 2016누72886
관리처분계획취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is the same as that of the part against the plaintiff among the reasons of the judgment of the court of first instance, except to supplement or add the judgment as follows 2, and thus, it shall be quoted as is in accordance with Article 8(2) of the Administrative Litigation

2. The supplementary and additional Plaintiff asserts that the portion of U.S. U. owned by the Plaintiff, which was included in the actual boundary of the Plaintiff’s real estate, was occupied in peace and openly and openly for not less than 20 years, and that the management and disposal plan of this case, which was so excessive, should be revoked as it essentially infringes on the Plaintiff’s property right and goes against the equity among the members.

Article 245 of the Civil Code provides that "a person who possesses real estate in peace and openly with an intention to own it for twenty years shall acquire its ownership by registering it."

On the other hand, there is no evidence to prove that the plaintiff completed the registration of ownership transfer on the part of land for which prescription is claimed, and the plaintiff's assertion on the premise that he acquired ownership on that part of land is without merit

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit.

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