소유권이전등기
1. Revocation of a judgment of the first instance;
2. Defendant B and A, respectively, shall be respectively, from among the 493m2 and J 506m2, the Plaintiff’s forest land 493m2 and J.
1. The court's explanation on this part of the basic facts is the same as the statement in the "1. Basic Facts" as the reasoning of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. From December 25, 1956, the Ansan-ri Partnership, from around December 25, 1956, occupied and managed each of the instant lands as L site, and acquired the right to possess and manage it in sequential order by the Hean Repair Association and the Suwon Farmland Improvement Association. Accordingly, it is recognized as above that the Plaintiff comprehensively transferred the right to possess and manage each of the instant lands to the present time by transferring the right to possess and manage each of the instant lands to the L site. Since the Plaintiff, who comprehensively succeeded to the rights and obligations of the said associations, including the Ansan-ri Partnership, is presumed to have occupied each of the instant lands in peace and openly from December 25, 1956 as the intention to own each of the instant lands from December 20 to December 25, 1976, the acquisition by prescription of each of the instant lands shall be deemed to have been made.
B. Determination as to the Defendants’ assertion 1) Since the Plaintiff’s assertion did not present all the data that the Plaintiff purchased from the network N through lawful procedures, the Plaintiff’s possession of each of the instant land is nothing more than the possession of the owner. (2) If the nature of the source of possession right of real estate is unclear, the possessor is presumed to have occupied the land in good faith, peace, and public performance in accordance with Article 197(1) of the Civil Act. Such presumption applies likewise to cases where the State or local government, which is the managing body of the cadastral record, occupies the real estate without permission. However, in cases where it is proved that the possessor occupied the real estate owned by another person with the knowledge of the absence of the legal requirements such as juristic act or any other legal requirements, which could cause the acquisition of ownership at the time of the commencement of possession, barring special circumstances.