beta
Text
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following determination as to the assertion that the plaintiff emphasizes or added as the grounds for appeal, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Additional determination
A. The gist of the Plaintiff’s assertion (Selective Claim) 1) since N or the Plaintiff, who is the prescriptive acquisitor of the instant L land, could not know the heir or H or his heir, who is an assessment title, and thus, it is impossible or considerably difficult to file a claim for ownership transfer registration on the ground of the completion of the prescription period, in light of the concept of equity and justice, N or the Plaintiff may exercise the right to claim for ownership transfer, even if N or the Plaintiff did not claim the right or claim for registration prior to the expropriation of the instant L, in view of the concept of equity and justice. 2) If the real estate, the prescriptive acquisition of which the prescriptive acquisition has been completed, was accepted, and the prescriptive acquisitor became unable to acquire the ownership, the owner of the real estate shall transfer the right to claim for ownership transfer of the said compensation to the Plaintiff.
B. On the other hand, considering the determination of the claim for claim 1, there is no provision of the claim for compensatory damages in addition to the creditor's compensatory damages and the right to cancel the contract, but there is no reason to deny the right to claim for interpretation. However, in order to exercise the right to claim for registration based on the expiration of the period of acquisition of real estate due to possession, the right to claim for registration has been claimed against the registered titleholder on the ground that the period of acquisition of real estate due to possession has expired, or the right to claim for registration based on the expiration of the period of acquisition has been exercised before it is impossible to perform, and the above right shall be exercised before it is impossible to perform.