소유권이전등기
1. Revocation of the first instance judgment.
2. The defendant,
가. 원고 A, B, C, D, E에게 별지 감정도 표시 중 ㄱ, ㄴ, ㅋ,...
1. Basic facts
2. The reasoning of this court’s assertion is that the reasoning for each of the above parts of the judgment of the court of first instance is the same as that for each of the corresponding parts of the judgment of the court of first instance.
3. Determination
A. Since the possessor of an object is presumed to have occupied the object with his/her own intent, the possessor does not bear the burden of proving his/her own intention if he/she asserts the acquisition by prescription, and bears the burden of proving to a person who denies the establishment of acquisition by asserting that the possessor has no intention to own it.
(see Supreme Court Decision 2017Da360, 377, Dec. 22, 2017). A purchaser’s commencement of possession after purchasing or acquiring real estate fails to accurately verify the boundary line with the adjoining land, and thus, is believed to belong to the site that he/she purchased or acquired part of the adjoining land due to mistake and is believed to belong to the site that he/she purchased or acquired. Even if the purchaser actually occupies part of the adjoining land, the possession of the adjoining land is deemed to be based on the intention of ownership
(See Supreme Court Decision 98Da32878 delivered on November 10, 1998). B.
According to the above facts, from June 9, 1988, the deceased G occupied the land of this case and the part of "A" and "B" as orchard, and the plaintiff et al. succeeded to the possession of each of the above lands until now, and the plaintiff clan occupied the land of this case and the part of "C" as of August 3, 198 with the land of the plaintiff clan 2 and "C" as of August 3, 198.
The possession of each land of the deceased G, the plaintiff A, etc. and the plaintiff clan is presumed to have been occupied in peace and openly in accordance with Article 197(1) of the Civil Code.
On the other hand, a person who asserts the acquisition by prescription can arbitrarily choose the starting point of the acquisition by prescription with respect to land without any change of the owner.