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(영문) 서울중앙지방법원 2020.07.02 2019나39613

소유권말소등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasons for this Court’s citing the judgment of the court of first instance are as to the defendant of the judgment of the court of first instance except that the part of Chapters 5 and 12, 5, and 20, which are the same as that of the defendant of the judgment of the court of first instance, and therefore, they are quoted as they are in accordance with the main sentence of

[Attachment] The part] The prescription period for the acquisition of the land in this case requires that there was no negligence in the commencement of possession, and the burden of proof is the claimant, and the possessor is not negligent in believing that he was his own possession (see, e.g., Supreme Court Decision 2005Da12704, Jun. 23, 2005). As to the fact that there was no negligence in the commencement of possession of the land in this case, the fact that the Defendant had occupied the land in this case to B after the registration of preservation of ownership was made by the Defendant, and there is no other evidence, and the above argument by the Defendant is without merit.

2. If so, the part against the defendant in the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.