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(영문) 대법원 1970. 2. 24. 선고 69다2069 판결
[소유권이전등기등][집18(1)민,149]
Main Issues

Article 10 of the Addenda of the Civil Code and the relation between the right to claim the transfer registration.

Summary of Judgment

The extinctive prescription period of a claim for ownership transfer registration of a credit shall commence from January 1, 1966 pursuant to paragraph (1) of this Article.

[Reference Provisions]

Article 10(1) of the Civil Act

Reference Cases

Supreme Court Decision 66Da1151 delivered on September 20, 1966

Plaintiff-Appellee

Youngcheon-gun

Defendant-Appellant

Korea

Judgment of the lower court

Daegu District Court Decision 66Na691 delivered on October 30, 1969, Daegu High Court Decision 66Na691 delivered on October 30, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

The grounds of appeal by the defendant litigant are examined.

The judgment of the court below to the effect that the period of extinctive prescription of the plaintiff's right to claim ownership transfer registration of the plaintiff's claim against the real estate of this case runs from January 1, 1966 pursuant to Article 10 (1) of the Addenda of the current Civil Act (see Supreme Court Decision 66Da1151 delivered on September 20, 66), and that the period of extinctive prescription has not expired is just, and there is no error in the misapprehension of the legal principles of prescription, and there is no error in the misapprehension of the legal principles of prescription. Furthermore, according to the plaintiff's confession as to the market price of the lawsuit, the confession as to the market price of this case is simple as a confession based on mistake that goes against the truth, and there is no such illegality as the decision of the court below recognizing the cancellation of the plaintiff's confession, and the theory

All of the arguments are with merit, the appeal is dismissed. The costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots

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