beta
(영문) 전주지방법원 2019.03.22 2018가단19059

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff cultivated D forest land 14,795 square meters, D forest land 1,033 square meters, E prior to 1,749 square meters, and F field 99 square meters, which the Plaintiff owned co-ownership in the vicinity of 1,064 square meters, Jeon-gun, Jeonbuk-gun, Seoul (hereinafter “instant real estate”), and began to grow dry field crops on the instant real estate since 1977, without any person who uses the instant real estate, and began to grow dry field crops on the instant real estate from 1977, while confirming the owner of the instant real estate in the course of identifying the ownership of the instant real estate as unregistered real estate.

Since the plaintiff thought that the owner of the real estate of this case did not manage or occupy the above real estate, and the defendant is obligated to implement the procedure for the registration of ownership transfer on June 1, 200 for the completion of the acquisition by prescription on the real estate of this case, as the owner of the real estate of this case occupied the above real estate in a peaceful manner with his intention

B. Determination 1) In a case where it is proved that the possessor illegally occupied the real estate owned by another person with the knowledge of the absence of such legal requirements as to the legal act or any other legal requirements that may cause the acquisition of ownership at the time of commencement of possession, barring any special circumstance, the possessor shall be deemed not to have the intention to reject the ownership of another person and not to possess it. Thus, the presumption of possession with the intention to own is broken up (see Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997). (2) According to the evidence evidence No. 4, the owner of the instant land can be recognized that the owner of the instant land is B residing in the “Si/Eup/Myeon G”.

On the other hand, even if the plaintiff's assertion itself is based on the plaintiff's assertion, the plaintiff is well aware of the fact that B is the owner of the real estate in this case without any legal act or any other legal requirements that may cause the acquisition of ownership on or around May 1980.