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1. The Defendant is based on the completion of the prescriptive acquisition on August 25, 2016 with respect to the land size of 420 square meters in Yong-si, Yong-si.
Reasons
1. Basic facts
A. On March 26, 1990, the Plaintiff merged the AFFD with another.
B. B. Prior to the merger, DF had been located in Yongcheon-si, Youngcheon-si, where its location was 420 square meters (hereinafter “instant land”) and G, H, I, J, K, K, L, and M were relocated to its ground office and two warehouses were newly built and approved for use in 1979.
C. The Plaintiff succeeded to the possession of the instant land by the DF prior to the merger and is operating the NF branch in the instant land until now.
The tax authority imposed property tax on the owner of the instant land as the Plaintiff by the year of 2015.
E. Meanwhile, the instant land is unregistered land that was divided from O on January 12, 1978, and its owner is the defendant.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 4 and 9, Gap evidence 2, video of Gap evidence 2, purport of whole pleadings
2. The assertion and judgment
A. As to the Plaintiff’s claim seeking the registration of ownership transfer on the ground of the completion of prescriptive acquisition, the Defendant asserts to the effect that the Plaintiff’s possession is not an independent possession or illegal possession, for a period of 20 years from August 25, 1996 to August 25, 2016.
B. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intent, and thus, the possessor does not bear the burden of proving his/her own intention if he/she asserts the prescriptive acquisition. Rather, he/she bears the burden of proving the possessor’s possession without the intention of possession.
In order to reverse the presumption of independent possession, it is proved that the possessor acquired possession on the basis of the title that the possessor seems to have no intention to own by nature, or that the possessor exercises exclusive control like his own property by excluding the ownership of another person.