(영문) 수원지방법원 2020.04.23 2019나77835

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(영문) 수원지방법원 2020.04.23 2019나77835

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 10 to 14 pages of the judgment of the court of first instance shall be followed as follows.

A. G purchased shares in the instant land from H on June 14, 2002 and completed the registration of ownership transfer under its name with respect to 2,089 square meters (hereinafter “the instant land”). H completed the registration of ownership transfer with respect to the instant land on December 10, 2003. G again completed the registration of ownership transfer with respect to the 662/2,089 shares out of the instant land on December 17, 2004. Thereafter, on December 23, 2006, the Plaintiff purchased shares in the instant land from H on February 8, 2007, and completed the registration of ownership transfer with respect to the said shares under its name, and the Defendant acquired shares in the instant land under its name as “the co-ownership of shares” (hereinafter “Plaintiff’s shares”) and completed the registration of ownership transfer with respect to the co-ownership of shares in the instant land under its name, and the Defendant purchased shares in the instant land under its name as “the co-ownership of shares in 2662/2,089” (hereinafter “the instant co-ownership”).

B. Additional Decision 1) The Defendant’s assertion on the succession of possession method (A) allowed F to cultivate crops on the instant land by allowing H to cultivate crops on the instant land. This constitutes a special agreement on the method of management of co-owned properties decided by a majority of co-owners. As such, the Plaintiff, a specific successor of H, is naturally succeeded to the said special agreement, and thus, the Plaintiff should be deemed as an indirect possession of the instant land through F.

B) Determination (1) is made at the time when G and H shared the instant land.

참조조문

-민사소송법 제420조

유사 판례

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