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(영문) 대법원 2015.04.09 2012다2408
소유권말소등기
Text

The part of the judgment below against the defendant regarding the conjunctive claim shall be reversed, and this part of the case shall be reversed.

Reasons

The grounds of appeal are examined.

1. In order to recognize the prescriptive acquisition of part of the Plaintiff’s ground of appeal on the ground of appeal by prescription, there is a need to continue to exist an objective requisition sufficient to recognize that the part is separate from other parts and belongs to the possession of the acquisitor by prescription.

(1) In light of the aforementioned legal principles, the lower court’s determination is justifiable in rejecting each of the primary claim for the prescriptive acquisition of the entire part of the instant forest, and the conjunctive claim for the prescriptive acquisition of shares 1/4 out of the part of the instant forest, based on its stated reasoning. In so doing, it did not err by misapprehending the legal doctrine on possession of forest, or by failing to exhaust all necessary deliberations or by failing to state the reasons, contrary to what is alleged in the grounds of appeal.

2. One of the co-owners of the defendant's grounds of appeal can seek the cancellation of the ownership transfer registration from a third party as an act of preservation for jointly-owned property, if the ownership transfer registration for the invalidation of the cause has been completed in the name of a third party on the property in question. However, if the third party is one of the co-owners of the pertinent real property, the ownership transfer registration shall be deemed to correspond to the substantive relation with the co-ownership of the said person. In such a case, one of the co-owners can seek the implementation of the procedure for cancellation of ownership transfer registration only for all the co-ownership of the remaining co-ownership except the co-ownership of the said

(See Supreme Court Decisions 87Meu961, Feb. 23, 1988; 2006Da32200, Aug. 24, 2006; 2006Da32200, etc.). Review of the reasoning of the lower judgment and the record reveals the following.

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