소유권보존등기말소 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except where the relevant part of the judgment of the first instance is modified as stated in the following Paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Three pages (b) of the judgment of the first instance.
The judgment of the defendant regarding the defendant's argument shall be made as follows.
The Defendant occupied and used the instant 3 and 4 land from around 1938, which was the Japanese occupation occupation period, as a road site. Among them, the instant 3 land was occupied and used for each of the same purposes until now, and the instant 4 land was occupied and used for each of the same purposes until 1974.
In 1916, the land of this case 1, 2, and 5, the Japanese occupation occupation period of 1916, the Defendant used the land of this case 1, 2, and 5 in the preparatory document as a result of confusion between five years (1916) and 1912, but it appears that the document No. 28, which is presented as a basis, was written as a "five years" and the document No. 28, and thus, the land of this case 1, 2, and 5 appears to be a clerical error of 5 years in Taiwan (1916). Thus, the Defendant changed it.
From now to now, the land which was actually used as a road has been occupied and used as a road by providing the defendant for the passage of the general public after incorporating the land into the road site and changing the land category into the road.
Therefore, as to the land of this case, the prescription period for possession was completed.
As such, each registration of preservation of ownership of the defendant in this case is valid as it conforms to the substantive legal relationship.
2. If the nature of the source of possessory right of real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases of possession by the State or a local government, which is the managing body of the cadastral record,
In addition, the possessor acquires ownership at the time of commencement of possession.