Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except where a judgment on the Defendant’s argument at the trial is added in paragraph (3). As such, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts used or added;
A. The 3rd page 6 of the first instance judgment “A” and the 4th page “D” shall be read as “1” and “U” respectively.
(b) The 3rd page 10 of the first instance judgment “(B)” shall be deemed “2(b),” “14(a)” shall be deemed “1), and “17(b)” shall be deemed “2(b).”
C. On the third page 21 of the first instance judgment, “B evidence 1” is added to the ground for recognition.
On the 5th page of the judgment of the first instance, “the results of inquiry into the Director of National Archives of the first instance court” shall be added to the 19th sentence.
3. Additional determination
A. Although the Defendant’s assertion (1) E or K acquired ownership of each of the instant lands, E or K lost ownership pursuant to Article 10(1) of the Addenda of the Civil Act because it did not complete the registration of each of the instant lands within six years from the enforcement date of the Civil Act.
(2) Since the registration of preservation of ownership of each land of this case was completed with the intention to own the land of this case for a period of 10 years, and the acquisition by prescription of the register was completed in a peace and public performance without negligence, the registration of preservation of ownership of each land of this case in the name of the defendant is in accord
B. (1) As to the assertion of loss of ownership, Article 10(1) of the Addenda of the Civil Act provides that “The acquisition, loss, or transfer of real rights to real estate by a juristic act before this Act enters into force shall lose its effect unless it is registered within six years after this Act enters into force.”
However, Article 10(1) of the Addenda to the Civil Act is intended to apply to the case where the ownership-related public book was destroyed by a war, etc. even though there was a sale of real estate before the enforcement of the Civil Act.