Property devolvingd and Acquisition of Prescription

Since the Military Administration Act No. 33 prohibits the possessor of the property devolving upon the State from ordering him/her to keep the property in custody and transferring the property or possession without permission, the possessor bears the custody duty to the Maritime Administration, and accordingly, even if he/she has possession of the property in the paper line, the acquisition by transfer is suspended due to the nature of the title after both.

Articles 33-2 and 3 of the Military Administration Act, Article 162 of the Civil Act

Kim-ju, Attorney Min Dong-sik, Counsel for the defendant-appellant

The legal representative of the Republic of Korea shall be the first-class litigation performer, first-class and second-class military personnel of the Ministry of Justice.

Seoul District Court of the first instance, Seoul High Court of the second instance, 54 civilian 167 delivered on September 7, 1954

The original judgment is reversed, and the case is remanded to Seoul High Court.

The Defendant-Appellant’s ground of appeal, which accepted the Plaintiff’s claim for the prescriptive acquisition, is the property devolving upon the State, and the property devolving upon the State was converted into State property at the same time as the embankment, and thus, cannot be acquired as prescription. If the Defendant-Appellant permits the prescriptive acquisition of the property devolving upon the State, it would result in the person who concealed the property devolving upon the State and the loss of the property devolving upon the State. Therefore, the lower court erred in its wrong interpretation of the law, and thus, it is difficult to exempt the Defendant-Appellant from destruction.

Since it is necessary to continue possession of water with the intention of possession for a certain period of 3 years, and in the absence of the intention of possession by nature of title, the ownership does not take effect to the possessor, pursuant to Article 33 of the Military Administration Act and subordinate statutes, Japan's property as of August 9, 4278 (actually, it is determined by an appeal or lawsuit under the Ordinance of the Ministry of Gun Affairs; however, in light of the entry or other circumstances in the register, the property management agency of the Gun administration in its own interpretation authority has been reverted to the Gun administration, and the said Act and subordinate statutes have ordered the possessor of the Gun administration to keep the property and prohibit the transfer of the property without permission, and therefore, it is interpreted that the period of 16th anniversary of the acquisition of the 3th anniversary of the 10th anniversary of the 3th anniversary of the fact that the 2th anniversary of the 10th anniversary of the 3th anniversary of the acquisition of the 5th anniversary of the 1st anniversary of the 3th anniversary of the 10th anniversary of the 16th anniversary of the 16th anniversary of the 3th anniversary of the acquisition of the 16th anniversary of the 3th anniversary of the prescription.

Justices Kim Jong-il (Presiding Justice) Acting Justice Kim Jae-ho on the present allotment of Kim Dong-dong