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(영문) 인천지방법원부천지원 2020.05.08 2020가단101692

소유권이전등기

Text

1. The Defendants’ acquisition by prescription on February 24, 1993 as to each inheritance share of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. If the purport of the entire argument is added to the statement in Gap evidence Nos. 1 and 7 as to the cause of the claim, the plaintiff incorporated the real estate listed in the annexed sheet (hereinafter "the real estate of this case") into the road site, and deposited the expropriation compensation on February 24, 1973 by designating E investigated as the owner at the time as the deposit was made. Since that time, the real estate of this case was occupied up to the present day. The real estate of this case was transferred to the FF on September 8, 1973, and FF died on January 31, 1993, and the Defendants were the successors.

Article 245(1) of the Civil Act provides that a person who possesses real estate with the intention to own it for twenty (20) years in a peaceful and public performance shall be deemed to have acquired its ownership by registration, and Article 197(1) of the Civil Act provides that the possessor shall be presumed to have occupied it in good faith, peace and public performance with the intention to own it. A person who claims the acquisition by prescription of possession shall be presumed to have occupied it in good faith, peace and public performance with the intention to own it. A person who asserts the acquisition by prescription of possession shall have no burden of proof for ownership, good faith, peace and public performance presumed to have been presumed to have been presumed to have been possessed by him

In addition, the intention of possession, which is the requirement for possession with respect to the acquisition by prescription, must be determined by the nature of the possessory right who objectively causes the acquisition by prescription. However, if the nature of the possessory right is not clear, the possessor is presumed to possess the real estate in accordance with Article 197(1) of the Civil Act (see, e.g., Supreme Court Decision 98Da41759, Mar. 9, 199). Thus, barring any special circumstance, the Plaintiff shall be deemed to have occupied the real estate in this case with the intention of possession for twenty (20) years from February 24, 1973, which is the date of deposit.

Therefore, the defendants on February 24, 1993 concerning the real estate of this case to the plaintiff.