소유권이전등기
1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party are dismissed;
2. The appeal costs.
1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the following “2. Additional Determinations” as to the argument emphasized by the defendant in this court, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Defendant’s assertion 1) The Network I: (a) as manager for Q as to the instant land; and (b) so, possession of L’s instant land is an occupation without permission or bad faith; (c) even if a sales contract for the instant land exists between K and L, as the owner on the registry of the instant land is a network H, the presumption of possession was reversed in light of the following: (a) K purchased the instant land with the belief of K’s horse and with the purchase of the instant land without confirming the legal relationship; and (b) L did not complete the registration of ownership after the purchase of the instant land.
B. As for the legal doctrine regarding the prescriptive acquisition, the intention of possession, which is the requirement for the possession with intention to possess is objectively determined by the nature of the possessor’s possession right. However, if the nature of the possessor’s possession right is not clear, it is presumed that the possessor himself/herself has possession with the intention to possess it pursuant to Article 197(1) of the Civil Act. As such, the possessor is not responsible for proving that he/she is the possessor’s possession with the nature of the possessor’s possession right, and there is the burden of proving the possessor’s possession with respect to the other party who asserts that he/she is the possessor’s possession without the intention to own. Thus, even if the possessor asserts the title of possession, such as the purchase and sale or donation, but does not have the burden of proving the right to possess it, the presumption of the possession with intention