건물등철거
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The plaintiff's assertion in the court of first instance is not significantly different from that in the court of first instance, and a thorough examination of the plaintiff's assertion in the court of first instance is recognized as legitimate.
Therefore, the reasoning for this court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for the part that is determined additionally as follows. Thus, this court’s explanation is cited by the main text of Article 420 of the Civil
【Additional Judgment Part】
A. The plaintiff asserts that the intention of the autonomous possession, which is the requirement for the prescription of possession, must be at the time of commencement of possession, and that the intention of the autonomous possession can only have the right holder. The defendant, a natural village, cannot be viewed as having the substance as a social organization on January 1, 1950, which is the time of commencement of possession, and therefore, the part (a) and (b) of the ship of this case cannot be acquired by prescription.
Considering the overall purport of arguments in the testimony of Eul, Eul and Eul, Eul evidence 1 through 6, witness K, L, G, and M, it is reasonable to view that the defendant has been a representative of the village, such as the head of the village, such as the head of the village, and the head of the village, who has been a representative of the village, such as the head of the village, and the head of the village, has been performing its unique duties independently as an important exercise of the village, since it is difficult to view that the defendant did not form an independent social body solely on the ground that the time of the establishment of the mother's family is not clearly specified, and since the village residents have used spaces constructed for the purpose of common use, such as meeting and rest, as long as they have been used for the purpose of common use.