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The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. In a case where the purchaser of the land in the first place acquires the possession of the land in accordance with the sale and purchase contract for the land of another person, even if it constitutes the sale and purchase of the land of another person and thus it is impossible for the purchaser to acquire the ownership immediately thereafter, it cannot be readily concluded that the purchaser obtained the possession on the basis of the title which appears to have no intention to own in view of the nature of the possessory right. Moreover, unless special circumstances are proved, such as the purchaser knowingly purchased the land with the knowledge that the purchaser did not have the right to dispose of it, the presumption that the buyer’s possession of
(See Supreme Court en banc Decision 93Da1886 delivered on October 12, 1993, and Supreme Court Decision 97Da37661 delivered on March 16, 2000, etc.). The court below rejected the Defendant’s assertion that the possession of JJ constitutes an independent possession solely on the ground that it is difficult to recognize that the existence of JJ’s purchase of the instant land from the middle party of the reserve forces, solely on the ground that it is difficult to recognize that the existence of JJ’s possession constitutes an independent possession, solely on the ground that it is difficult to recognize that the existence of JJ’s possession constitutes an independent possession, for a considerable period of time after the enforcement of the current Civil Act.
The judgment below
Examining the reasoning in light of the aforementioned legal principles and the record, such determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles regarding the mode of possession, or exceeding the bounds of free evaluation of evidence
2. On the second ground for appeal
(a)the acquisition by possession of real property has become complete;