Where a person among co-inheritors acquires another inheritor's inheritance shares after the expiration of the period for acquisition by prescription and completes the registration of ownership transfer, whether such person constitutes a new interested person after the completion of prescription (affirmative)

Where a person among co-inheritors acquires the inheritance shares of another inheritor and completes the registration of ownership transfer after the expiration of the period for acquisition by prescription, it shall not be deemed a new interested person after the completion of prescription.

Article 245 of the Civil Act

[Judgment of the court below]

Defendant

Daegu District Court Decision 91Na12156 delivered on June 5, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

Upon examining the evidence established by the court below in accordance with the records, the court below is justified in the measures that the time when the plaintiff commenced possession of the real estate in this case was recognized as December 1, 1966 when the new construction of the building in the same office was commenced on the ground, and there is no error of law as to finding facts with the evidence preparation in violation of the rules of evidence as alleged in the arguments, and there

In addition, it is identical to the theory of lawsuit that the defendant, who completed the registration of ownership transfer after the expiration of the acquisition period of the plaintiff, takes over the inheritance shares of another co-inheritors from other co-inheritors. However, the theory that if one of the co-inheritors takes over the inheritance shares of another co-inheritors, it cannot be viewed as a new interested party after the completion of the prescription period, is merely an independent opinion, and there is no error of law by misunderstanding the legal principles on the acquisition of prescription in the judgment

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)