Where one of the co-owners of real estate makes a judicial claim only with respect to partial shares as an act of preserving common property, the interruption of prescription shall be effective.

If a person among co-owners of real estate has made a registration of transfer of ownership invalidation in the name of a third party on the relevant real estate, he/she may seek the cancellation of the registration in whole against the third party as an act of preservation for the jointly-owned property, but if one of the co-owners makes a judicial claim only with respect to the portion of the jointly-owned property, the interruption of prescription resulting therefrom shall become effective only in the subject-matter of a lawsuit requested by the co-owner

Articles 168 and 170 of the Civil Act

Supreme Court Decision 79Da639 delivered on June 26, 1979 (Gong1979, 12042) Supreme Court Decision 94Da61649 delivered on February 9, 1996 (Gong196Sang, 888)

[Defendant-Appellee] Plaintiff (Attorney Gyeong-soo, Counsel for defendant-appellee)

Defendant (Law Firm Sam, Attorneys Kim Young-chul et al., Counsel for the defendant-appellant)

Seoul District Court Decision 98Na28779 delivered on January 28, 1999

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

On the first ground for appeal

The court of first instance cited by the court below, at the time of December 12, 1974, rejected the evidence to the effect that the period of the defendant's occupation begins later than the period of the court below's recognition on December 31, 197, recognizing the fact that the defendant purchased the instant land in sequence from Nonparty 3 and Nonparty 4, who was the title holder on the register through Nonparty 2, who was the title holder on the register, and developed the instant land in the name of the defendant through Nonparty 1 and Nonparty 2 at the time of completing the registration of ownership transfer under the name of the defendant on December 31, 198, while recognizing the fact that he was leading to, or

Compared with the various evidences in the record, the process and fact-finding process are legitimate, and there is no error against the rules of evidence.

We cannot accept the allegation in the grounds of appeal.

On the second ground for appeal

If a person among co-owners of real estate has filed a registration of transfer of ownership invalidation in the name of a third party with respect to the pertinent real estate, he/she may seek the cancellation of the registration in whole against the third party as an act of preservation for the jointly-owned property (see Supreme Court Decision 94Da61649, Feb. 9, 1996). However, if one of the co-owners files a judicial claim only with respect to the share of the jointly-owned property, as an act of preservation for the jointly-owned property, the interruption of prescription resulting therefrom shall take effect only in the subject matter of lawsuit between the co-owner and the owner (see Supreme Court Decision 79Da639, Jun. 26, 1979)

In the same purport, the decision that the suspension of the prescriptive acquisition due to the possession of the defendant's real estate in this case was valid only for 6/13 shares in the case where the plaintiff maintained the lawsuit on the 6/13 shares in his inheritance as the preservation act of the real estate in this case, which is jointly owned on September 17, 192, and the judgment in favor of the defendant became final and conclusive.

Of the grounds of appeal, the Supreme Court precedents, which are different from those of the instant case, are inappropriate to be invoked in the instant case.

We cannot accept the allegation in the ground of appeal that there is a misapprehension of the legal principles as to the acquisition and interruption of prescription in possession.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the plaintiff. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Kim Jong-sik (Presiding Justice)