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(영문) 광주지방법원 장흥지원 2018.08.29 2018가단5295

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The JJ-gun, Jeonnam-gun (hereinafter “instant land”) owned the network K, and the Defendants succeeded to the instant land.

B. The network K developed the surrounding area of the instant land as a housing site and sold it to others, and offered the instant land to the owners of neighboring houses to use it as access roads.

C. The Plaintiff is the owner of a house with a size of 88 square meters and its ground, which is used as an access road to the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff and the former owner, the owner of the land of this case, which is the owner of the land of this case, located in the area of 88 square meters in Seoul Special Metropolitan City, Jeonnam-gun prior to the Plaintiff’s assertion, have occupied it in a peaceful and public performance for not less than 20 years. As such, the Defendants, the owner of the land of this case, are obliged to implement the registration procedure for transfer of ownership on the ground of the completion of the prescription period for acquisition of ownership on the land of this case

B. As to the prescriptive acquisition of real estate by prescription, whether the possessor is the owner of the real estate or the owner of the real estate without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of right or the possession, which is the cause of the acquisition of the possession, the possessor must be determined externally and objectively. Thus, the possessor is proved to have acquired the possession on the basis of the source of right which appears to have no intention of ownership due to its nature, or the possessor is not deemed to have occupied with the intent of exercising exclusive control like his/her own property by excluding the ownership of another person. In other words, he/she does not act as a matter of course if the possessor expresses his/her intention of not ordinarily if the real owner