Requirements for prescription acquisition of real estate registry

In order to acquire by prescription the registration of ownership transfer in his/her front, peace and patent without fault, the period of possession in his/her front registration and the period of possession shall be ten years.

Article 245 of the Civil Act

Supreme Court Decision 67Da752 delivered on July 16, 1968 (Supreme Court Decision 8498 delivered on July 16, 1968, Article 245(42)329 delivered on June 24, 197, Article 245(42) and Article 245(4) and36 of the Civil Act(Supreme Court Decision 540 delivered on June 24, 1969, Article 245(48) and Article 245(30) of the Civil Act, Article 204(30) of the Civil Procedure Act, Article 204(30) and Article 205(303 delivered on October 14, 1969 (Supreme Court Decision 803Da184 delivered on July 184, 197, Article 245(5)31) and summary of the Civil Act (Supreme Court Decision 71Da13294 delivered on July 29, 1971>

Korea

Defendant 1 and 12 others

Busan District Court (70Da4423)

The original judgment shall be revoked.

(1) On February 6, 1957, receipt of the list No. 1, 197.1.5 of the attached list No. 1,4,5 of the Plaintiff; Defendant 2 of the same registry office as to the real estate 2, 3, and 6 through 15; Defendant 195 of the same registry office as to the real estate 1,4, and 5 of the same year; Defendant 1.420 of the receipt of the registration on June 9, 1958; Defendant 196.6.6.6.6.6.6.6.1, receipt of the provisional registration on the purchase and sale of the same real estate; 9870; 197.5.6.6.6.6.6.6.1, receipt of the ownership transfer registration on the same real estate 196.6.6.6.1, receipt of the ownership transfer registration on the same real estate 196.6.6.1, receipt of the ownership transfer registration on the same real estate 197.5.1, and 196.6.15.6.6.6

All the costs of lawsuit shall be borne by the defendants through the first and second trials.

The same shall apply to the order.

In addition, the court below's decision 200Hun-Ga 1411 and 711 were 70, 70, 701 and 4441, 70, 701 and 741, 78, 196, 78, 196, 77, 196, 77, 197, 19, 77, 197, 44, 7, 197, 196, 7, 197, 197, 197, 197, 197, 197, 197, 197, 197, 197, 197, 207, 197, 206, 207, 197, 204, 207, 197, 305, 204, 201.

Defendant 1’s legal representative shall register the ownership of the real estate in front of the Defendant on February 6, 1957 and for more than 10 years after he indirectly occupied and occupied the real estate in front of himself, and for more than 10 years after he occupied it in peace and patent without fault on February 6, 1967. However, in order to acquire prescription in good faith, the period of possession in front of himself shall be 10 years, along with the period of possession. However, according to the evidence No. 1-1, No. 1-2,6,7,8,9 of the above date and time, Defendant 1 may recognize the fact that Defendant 2, as of July 20, 1959 after he registered the ownership transfer of the land in this case, exceeds the ownership transfer registration due to each trade. Thus, there is no ground for its assertion.

Therefore, all registrations of the Defendants, which were transferred from Nonparty 3 and 2 as well as from the former, are registrations of invalidation without justifiable cause, and must be cancelled. Since the original judgment has dismissed the Plaintiff’s claim with different conclusions, the original judgment was cancelled pursuant to Article 386 of the Civil Procedure Act and accepted the Plaintiff’s claim, and it is so decided as per Disposition by applying Articles 89, 96, and 93 of the same Act with respect to the bearing of litigation costs.

[Attachment]

Judges Kang Jae-hee (Presiding Judge)