Whether ownership is originally acquired without registration due to completion of the acquisition by prescription for unregistered real estate (affirmative)

According to the provision of Article 245(1) of the Civil Code on the prescriptive acquisition, a person who occupies a real estate with an intention to own it for twenty (20) years shall acquire ownership by registering it. However, the acquisition of ownership by registering it is limited to a real estate already registered, and the original acquisition of ownership by registering it is interpreted as an original acquisition without registration.

Article 245 of the Civil Act; Article 8 (3) of the Addenda to the Civil Act

Isese

Korea

1. He/she shall confirm that the 7,537 square meters of 43 forest land in the new-dong area of Chuncheon-gun, Gangwon-do is owned by the plaintiff;

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

In full view of the evidence Nos. 1 and 2 (U.S.) and evidence Nos. 6 (No. 6), and evidence No. 3 (No. 3) which are acknowledged to have been authentic by the testimony of Han-do witness testimony, the defendant purchased the forest land under the name of the plaintiff on behalf of the plaintiff on March 195, in view of the whole purport of the testimony and pleading of the above witness as well as the testimony and the whole purport of the testimony of the above witness, the defendant purchased the forest land under the name of the plaintiff on behalf of the plaintiff. However, even though the plaintiff purchased the forest land under the name of the non-party 43 forest land No. 7,537 square meters in Gangwon-do, Chuncheon-gun, Chuncheon-gun, Gangwon-do, which was originally owned by the non-party 1.

Thus, the plaintiff's possession of the above forest land should be acquired by prescription acquisition on March 1, 1975 after 20 years have elapsed since the plaintiff occupied the above forest land in peace and openly with the intention to own it, and ombly from the date of possession (Article 245 (1) of the Civil Code on the acquisition by prescription). Thus, the person who occupies the above forest land in peace and openly with the intention to own it for 20 years is entitled to acquire ownership by registering it. However, the acquisition of ownership by registration is limited to the real estate already registered, and it is interpreted that the ownership is original acquisition without registration as to the unregistered real estate. This is because it is difficult for the plaintiff's right to seek ownership transfer registration to prevent the acquisition of the real estate from being acquired by subrogation, because it is difficult for the plaintiff's right to claim ownership transfer registration by neglecting the ownership of the real estate for 20 years or more in practice.

Judges Kim Tae-tae