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(영문) 제주지방법원 2020.10.14 2019나14394

소유권이전등기

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

The court's explanation on this part is consistent with the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

The plaintiff's assertion and decision-making L purchased the entire land of this case from N to enter the J land after acquiring the ownership of J land.

The plaintiff and L initially occupied the land of this case by collecting sacrifines that grow in the land of this case and using saccines for cutting down trees. This is because it was not possible to cut pine trees without permission under the Forest Protection Act.

As the 5-6 years ago, the Plaintiff developed the pine trees of the instant land into dry field by cutting them at its own expense, and opened and occupied a gravel road.

As such, from around 1993, the Plaintiff: (a) since around 1993, when K died, occupied the instant land in peace and openly for 20 years or more; (b) so, the Defendants who inherited the network N have the obligation to implement the registration procedure for transfer of ownership on July 23, 2018, based on the completion of acquisition by prescription as to each of the shares of 1/7 of the Defendants’ inheritance shares in the instant land.

Judgment

A person who asserts the acquisition by prescription shall prove his/her possession and shall lose if he/she fails to prove it.

(See Supreme Court Decision 96Da11334 delivered on September 24, 1996. "Possession" refers to an objective relationship that appears to belong to the factual control of the person in question under the social norms. It does not necessarily mean a physical and practical control over an object, but must be determined in conformity with the social concept by taking into account the time with the object, spatial relationship with the object, principal right relationship, possibility of removing others from controlling the object. However, there is an objective relationship that belongs to such factual control.