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(영문) 서울중앙지방법원 2018.02.09 2017나54540
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is identical to the part of the reasoning of the judgment of the court of first instance, in addition to the use of 4, 2, and 6, 2, 4, 4, 4, 4, 4, 4, 4, 4, 4, 5, 4, 4, 4, 5, 5

(However, even if the period for acquiring the ownership of real estate has expired due to possession of the relevant legal principles / [b] the possessor of the real estate can not assert the prescriptive acquisition against the third party, unless there are special circumstances, if the owner of the real estate has first completed the registration of ownership transfer in the name of a third party and has abandoned it, in the name of the third party, even if the period for acquiring the ownership of real estate has expired.

(C) The fact that the Plaintiff completed the registration of ownership transfer with respect to the instant land on October 24, 2010 (see Supreme Court Decision 93Da22883, Sept. 28, 1993) is the fact that the Plaintiff completed the registration of ownership transfer with respect to the instant land (see Supreme Court Decision 93Da22883, Oct. 24, 2010). This is the fact that it is apparent after the expiration of the acquisition period with respect to the said land claimed by the Defendant, and even if the Defendant has occupied the said land in a peaceful and public manner with intent to own the said land, it cannot be asserted against the Plaintiff

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed and it is so decided as per Disposition.

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