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(영문) 전주지방법원 2018.07.05 2017나13116
소유권이전등기
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The reasons for this court's acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for adding the judgment like paragraph (2).

If the owner of the real estate changes during the period of possession when calculating the period of prescriptive acquisition, the claimant for the prescriptive acquisition does not arbitrarily select the starting point of reckoning and claim the completion of the prescription. ② If the registration of ownership transfer in the name of a third party is completed between the person who does not register the ownership transfer after the completion of the prescriptive acquisition and the registration of ownership transfer is completed, the registration of ownership transfer in the name of the heir in the name of the owner at the time of the completion of the prescriptive acquisition cannot be asserted as a result of the completion of the prescriptive acquisition. As such,

Judgment

However, the Plaintiff did not arbitrarily choose the starting point of the acquisition by prescription, and ② asserts the effect of the completion of the acquisition by prescription against the Defendant, the owner at the time of the completion of the acquisition by prescription, and thus, the Defendant’s above assertion is rejected on a different premise.

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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