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사례연구 : 공유토지 중 일부인 특정부분을 구분소유하게 된다고 믿은 점유에 터잡은 시효취득 -대법원 2013. 3. 14. 선고, 2011다49711판결-
Acquiring Ownership by Possession in Specific Part of the Jointly Owned Estate at Believing Partitioned Co-Ownership
홍봉주 ( Bong Joo Hong )
일감법학 28권 501-528(28pages)
UCI I410-ECN-0102-2015-300-000351566

Article 5 clause 1 of the Registration of real estate act provides that except as otherwise provided for by any act, the order of priority for rights registered with regard to the same real estate shall be in accordance with the order of registration. Clause 2 of the above same article states that the order of registration shall be, from among registration forms, in accordance with the priority number for registration field in the same district. If an estate is owned jointly by two or more persons in proportion to their own shares, the estate shall belong to co-ownership. The co-owners may make use of or take the profits from, in proportion to their own shares, the whole of the article owned jointly. In a registry, one form shall be used for one lot of land. If someone owns the speific part of one lot of land, he shall subdivide that estate. Without subdivision of land, specific parts of such land are owned by specific owners in interior otherwise in exterior they registrate their own shares. In the above mentioned partitioned co-ownership, a person who has for twenty years peaceably and openly held possession of the specific part of the jointly owned estate with an intention to own it, shall acquire the ownership.

[사실관계 및 소송의 경과]
[연구]
Ⅰ. 서 론
Ⅱ. 중복으로 경료된 초과지분이전등기의 효력
Ⅲ. 취득시효 대상으로서 부동산의 일부
Ⅳ. 구분소유적 공유에서 점유취득시효
Ⅴ. 결 론
[자료제공 : 네이버학술정보]
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