In a case where the land is occupied by the sale and purchase of the land, the presumption of possession with autonomy is not reversed because the land cannot be acquired by the sale and purchase of the land of another person.

Where a purchaser of land acquires possession of a target land based on a sales contract, the presumption of possession is reversed since the purchaser's possession is the intention of possession, unless there are special circumstances, even though the sale and purchase of another's land cannot be acquired as a sale and purchase of another's land.

Jeonju District Court of Jeonju District Court-2016-Ban-180

The United States of America 4

Korea

2016.08.10

2016.09.07

1. On April 7, 2002, the Defendant shall implement the registration procedure for transfer of ownership on the ground of the completion of the statute of limitation on possession on April 7, 2002, with respect to the portion of 3/11 out of 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 2/11

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order of the Gu office.

1. Determination as to the cause of claim

(a) Facts of recognition;

1) On December 28, 1970, the registration of transfer of ownership in the name of the defendant was completed on December 28, 1970 with respect to the land of 00 Do 000 Do 000 Do 0000 Do hereinafter referred to as the “instant land”).

2) 한편 이 사건 토지 지상에는 1930년경 목조 시멘트기와지붕 단층주택 1동(이하 '이 사건 주택'이라고 한다)이 신축되어 1972. 8. 11. 고QQ, 고WW 명의의 소유권보존등기가 마쳐졌다.

3) 망 이KK(이하 '망인'이라고 한다)은 1982. 3. 6. 고QQ으로부터 이 사건 주택 및 이 사건 토지 전부를 매매대금 250만 원에 매수한 후, 이 사건 주택에 관하여 1982. 4. 7. 소유권이전등기를 마쳤다.

4) The Deceased died on July 20, 2001, and his heir as the deceased’s wife, and there are Plaintiff BB, ECC, ED, ED, EE.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including each number in the case of provisional evidence) and the purport of the whole pleadings

B. Determination

According to the above facts, the deceased continued to possess the land of this case from April 7, 1982, which was the purchaser of the land of this case and the building of this case, and since from around April 7, 1982, the deceased died, the possession of the deceased shall be deemed to have succeeded to the rights of the plaintiffs, who are the inheritor of the deceased, after the death of the deceased. As such, the acquisition by prescription was completed on April 7, 2002 after 20 years have passed from the above occupancy commencement date. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for the transfer of ownership on the portion of 3/11 of the land of this case to the plaintiff Eul with respect to the 3/2/11 share of the land of this case according to the plaintiffs' share of inheritance.

2. Judgment on the defendant's defense

A. Summary of the defense

망인이 고QQ, 고WW으로부터 이 사건 토지를 매수할 당시 등기부상 소유자는 피고로 등재되어 있었는바, 그렇다면 망인은 고QQ, 고WW이 이 사건 토지의 소유자가 아님을 잘 알면서 이를 매수하였던 것이므로 망인이 이 사건 토지를 소유의 의사로 점유하였다고 볼 수 없다.

B. Determination

In a case where a purchaser of land acquires possession of a target land based on a sales contract, it shall be interpreted that the purchaser’s possession of the land is the intention of possession, unless there are other special circumstances (see, e.g., Supreme Court Decision 93Da1886, Oct. 12, 1993). In light of such legal principles, even if a purchaser did not have the right to dispose of the land of this case as alleged by the Defendant, even if he did not sell it to the deceased, such circumstance alone cannot be deemed to reverse the presumption of autonomous possession. There is no evidence to deem otherwise that the deceased and the plaintiffs’ possession of the land of this case constitutes the possession of the land. Accordingly, the defendant’s defense is without merit.

3. Conclusion

Therefore, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.