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(영문) 대법원 2015.04.23 2015다200012
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Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The judgment below

According to its reasoning, the court below acknowledged facts based on its adopted evidence, and held that the Ansan River Repair Cooperative purchased the ditch of this case on February 14, 1931 and occupied it around that time, and that the Plaintiff continued to occupy it even after February 27, 1985 after the Plaintiff’s succession of the rights and obligations, and that the Defendant was presumed to have occupied it in peace and openly with the intent of the Plaintiff, and that it was presumed that the Plaintiff occupied it in a public performance. Thus, the court below completed the prescriptive acquisition on February 27, 2005.

In light of the records, the above determination by the court below is just and acceptable, and there were no errors by misapprehending the legal principles on overlapping registration and the legal relationship of the real estate register, or by failing to exhaust all necessary deliberations.

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 on the bench.

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