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(영문) 대구지방법원상주지원 2020.04.21 2019가단8886
소유권이전등기
Text

1. The Plaintiff, among each land listed in the separate sheet, as to Defendant B’s share in 7/10, and Defendant C’s share in 3/10, on December 198.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was completed on August 20, 1940 under the name of D, and the Defendants finally inherited on July 20, 1970.

According to the agreement on the division of inherited property on October 16, 2018, 7/10 shares were held in the name of Defendant B, and 3/10 shares were transferred in the name of Defendant C.

B. The Plaintiff cultivated each of the instant land from December 28, 1968 to December 28, 1968.

[Ground of recognition] Facts without dispute, Gap 1 through 10, purport of the whole pleadings

2. Determination

(a) The possessor of a determination on the cause of the claim shall be presumed to have occupied in good faith, peace, and public performance with his own intent;

(Article 197(1) of the Civil Act. The Plaintiff’s possession of each of the instant lands is presumed to have been jointly and openly occupied by his/her own will.

B. The Defendants asserts that the presumption of independent possession is reversed, since they occupied each of the land of this case knowing that there was no legal act or other legal requirements which could cause the Plaintiff to acquire ownership at the time.

It is not determined according to the intention of the possessor with the intention of the possessor, whether the possessor is the possession with intention or not, but the possession should be determined externally and objectively according to the nature of the source of title which is the cause of the acquisition of possession or all circumstances related to the possession.

An occupant is proved to have acquired possession on the basis of the title that appears to have no intention to own in its nature, or an objective circumstance that cannot be deemed that the possessor occupies possession on the basis of his/her own intent to exclusively control as his/her own property by excluding the ownership of another person, i.e., where the possessor does not normally have taken if the actual owner, or where the possessor does not act to have taken place as a matter of course if he/she did not act, etc., he/she shall be deemed to have rejected the ownership of another person

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