logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.11.29 2016나50570
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendant also marks 4, 5, 6, and 1 of the attached Table 1 among the land size of 1553 square meters in the East Sea to the Plaintiff.

Reasons

1. Basic facts

A. The answer No. 1,306 square meters (hereinafter “the land before subdivision”) was owned by the Plaintiff’s deceased E at the time of the Dong-dong Sea prior to the subdivision. On July 16, 1980, the registration of ownership transfer was completed on August 1, 1965 at the time of inheritance.

(b) Land before subdivision: 1980;

7. On January 16, 198, F-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

C. Since 1955, K, the Plaintiff’s mother, cultivated the land before subdivision, and the Plaintiff cultivated the land before subdivision from around 1966, and as the land before subdivision was partitioned as above, the Plaintiff’s land at present is cultivated.

Meanwhile, the land actually cultivated by the Plaintiff is part of the attached Table 2 marks 1 through 30, and 1, which connects each point of the attached Table 2 marks 1 to 30, and 1. Of the attached Table 4, 5, 6, 25, 26, 27, 12, 13, 14, 15, 23, 24, and 4, the attached Table 1 among the land of this case, including the land of this case, shall also include part of the attached Table 1 marks 4, 5, 6, 25, 26, 27, 27, 12, 13, 14, 15, 23, 24, and 4 (a) from among the land of this case.

E. On August 9, 1973, the Defendant completed the registration of ownership transfer with respect to the land of this case 1553 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land in the East Sea.

【In the absence of dispute over the grounds for recognition, the entries of Gap evidence 1 through 6, and 8, the entries and images of Eul evidence 1 through 4, the results of the survey and appraisal of the president at the time when the Korea Appraisal and Information Corporation was terminated, the results of the inquiries into the East Sea Market by the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 197(1) of the Civil Act, the possessor of an article is presumed to have occupied the article as his/her own intention. Therefore, in cases where the possessor asserts the prescriptive acquisition, he/she does not bear the burden of proving his/her own intention, and is the possessor.

arrow