토지인도 등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver 1,577 square meters prior to Gyeongsan-si;
(b) Gyeongsan City D.
We examine both the principal lawsuit and the counterclaim.
1. Facts of recognition;
A. On April 11, 1922, E and F completed each registration of ownership transfer as to one half of the share of 1,577 square meters (hereinafter “instant land”). The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) inherited E and G, and Plaintiff B inherited F, thereby completing the registration of ownership transfer as to one half of each share of the instant land.
B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) occupied the instant land and the building without permission on its ground since the Plaintiff occupied it.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3, the whole purport of pleading
2. As the principal lawsuit, the Plaintiff filed a claim for the transfer of the instant land and the removal of the building without permission on its ground and unjust enrichment equivalent to the rent for the instant land. Accordingly, the Defendant, as the counterclaim, filed a claim for the registration of ownership transfer on the instant land due to the completion of the prescription of possession.
First, all of the parties' claims depends on whether the defendant acquired the land of this case by prescription.
In the case of acquisition by prescription, the intention of possession, which is the requirement for possession with intention to own shall be objectively determined by the nature of the source of possessory right: Provided, That if the nature of the source of possessory right is not clear, it shall be presumed that possession with intention to own in accordance with Article 19
However, in the event that a person who has no disposal authority acquires real estate or starts possession of real estate by the juristic act knowing that the juristic act is null and void, he/she occupies the real estate with the knowledge that his/her possession is excluded from the ownership of the real owner and it cannot be exclusively controlled as his/her own property at the beginning of possession.