Co-owners of land may unilaterally seek a clarification from an illegal occupant of the land.

A co-owner of land may unilaterally seek an explanation from an illegal occupant of the land.

Article 265 of the Civil Act

Plaintiff

Defendant

Busan District Court Decision 68Na315 delivered on November 21, 1968

The plaintiff's attorney's ground of appeal Nos. 2 and 3 shall be determined.

In accordance with the former part of the judgment of the court below, if the plaintiff purchased the land in dispute from the non-party who was the joint owner of the land in this case to the non-party who was the former part of the judgment, based on the final judgment as stated in its holding, the registration is consistent with the substantive legal relationship with the non-party's share ownership transfer registration (the registration shall be consistent with the substantive legal relationship with the non-party's share ownership registration). However, even if the land was not owned by the non-party as stated in the above judgment, even if the land was not owned by the non-party, it could not acquire the ownership of the whole non-party's share, unless there were special circumstances, the non-party's share right was acquired. Thus, the plaintiff as the one of the co-owners of the land could not clearly assert any assertion or prove the title of the land in the record against the defendant who was constructed on the ground of the non-party's right to occupy the land, and the removal of each part of the land owned by the non-party's share of the above non-party and the plaintiff's right to purchase all of the land.

Justices B-B-Lap (Presiding Justice) and B-B-B-S (Presiding Justice)