소유권이전등기
All appeals are dismissed.
The costs of appeal are assessed against each appellant.
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment as to the grounds of appeal by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), the lower court rejected the Plaintiff’s assertion that the Plaintiff acquired prescription on July 15, 2009 by occupying the remaining land of this case, which is part of the Plaintiff’s land, for a period of 20 years from July 15, 1989, which is the Plaintiff (Counterclaim Plaintiff; hereinafter “Defendant”), on the grounds as indicated in its reasoning, on the grounds that it is insufficient to recognize the fact that there was a continuous objective requisition sufficient to recognize that the remaining land of this case is separate from that of the Defendant’s land, Section 2(b) and Section 238 square meters as indicated in the lower judgment, among the Defendant’s land.
The allegation in the grounds of appeal that the Plaintiff occupied the remaining land for twenty (20) years is merely an error of the selection of evidence and fact-finding, which belong to the lower court’s exclusive jurisdiction, and thus cannot be a legitimate ground of appeal.
Furthermore, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by omitting judgment, even if examining the aforementioned judgment in light of the record, contrary to what is alleged in the grounds of appeal.
2. As to the Defendant’s ground of appeal
A. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object with his/her intention to own, and thus, if the possessor asserts the acquisition by prescription, he/she is not liable to prove his/her intention to own, and the possessor bears the burden of proof to a person who denies the establishment of the acquisition by prescription by asserting
And it is not the possession with intention of possession or with intention of possession without intention of possession, according to the internal intention of the possessor.