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(영문) 전주지방법원 정읍지원 2018.08.21 2017가단13159

소유권이전등기

Text

1. The defendant is based on the completion of the acquisition by prescription on June 28, 1985 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

Basic Facts

The plaintiff is the spouse of the deceased C (hereinafter referred to as the "the deceased"), and the defendant is the birth of the deceased.

Attached Form

On January 9, 1965, the registration of ownership transfer was made on June 28, 1965 with respect to the real estate listed in the list (hereinafter “instant real estate”).

On November 27, 2017, the deceased died. The deceased’s property heir as his/her spouse and his/her spouse D, E, F, G, H, and I are children.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 and 3 (including a number; hereinafter the same shall apply) and the legal principles pertaining to the determination of the cause of the entire argument as to the whole purport of the pleading are presumed to have been possessed as the owner's intent. Thus, the possessor does not have any responsibility to prove his/her own intent in the event he/she claims the prescriptive acquisition. Rather, he/she bears the burden of proving the establishment of the prescriptive acquisition by asserting that the possessor's possession is an possession without the intention of ownership. In the prescriptive acquisition of real estate, the issue of whether the possessor's possession is an independent possession with the intention of ownership or without the intention of ownership is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of the right that caused the acquisition by ownership or all the circumstances related to the possession, and thus, the possessor must be determined by the external and objective intention of ownership. In other words, if the possessor proves the fact of acquisition based on his/her title that he/she had no intention of ownership, or does not exercise his/her intention of exclusive ownership.