소유권이전등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation concerning this part of the basic facts is as follows, except for the corresponding part of the judgment of the court of first instance that “the ground for recognition” is as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Ground for recognition] Gap 1 through 5 (including paper numbers, hereinafter the same shall apply)
(i)each entry in Eul evidence 1 and the purport of the whole pleadings;
2. Determination as to the cause of action
A. In a civil trial, even though it is not bound by the facts recognized in the judgment of other civil cases, etc., the facts established in the already established civil cases shall be valuable evidence unless there are special circumstances. Thus, it cannot be rejected without a reasonable reasoning. In particular, the facts that the two previous and previous civil cases are the same as the parties to the dispute and are the basis of the dispute are the same, but it is more so where a new claim can be made as a result of the difference in the subject matter of lawsuit and not contrary
(see, e.g., Supreme Court Decision 2008Da92312, 92329, Sept. 24, 2009). Moreover, pursuant to Article 197(1) of the Civil Act, an occupant of an object is presumed to have occupied the object in good faith and in a peaceful and public performance manner with his/her own intent. This presumption is likewise applicable to cases where the State or a local government, which is the managing
(see, e.g., Supreme Court Decision 2015Da230372, Apr. 15, 2016). (B)
In full view of the purport of the entire arguments as seen earlier, the following facts have been revealed in the relevant civil cases: (a) the Plaintiff of an organization which was an organization to be a public interest has occupied and used the instant land as a road from around 1962; and (b) the neighboring land constituting S (1,884m2, U.S. roads, 2,367m2, V roads, 390m2, W road, 255m2, W road) together with the instant land has long completed the registration of ownership transfer in the previous Plaintiff and the Republic of Korea; and (c) the Plaintiff’s statement of settlement of compensation purchase (Evidence No. 4, 1962).