beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 8, 1985, D divided into F or G E (hereinafter “land prior to subdivision”) into J or G, and completed each registration for the transfer of ownership of forest land of 1,440 square meters in F forest land (hereinafter “Plaintiff-owned land”) to the Plaintiff on the ground of trade on March 7, 1973. As to F forest land of 1,440 square meters (hereinafter “Plaintiff-owned land”), D completed each registration for the transfer of ownership of forest land of 823 square meters in G forest land to the J.
B. Meanwhile, among the land owned by the Defendant, the Plaintiff used part 25 square meters inboard (hereinafter “instant land”) that connects 6, 8, 9, 10, and 6 attached drawings among the land owned by the Defendant as access roads connected to the Plaintiff’s public road from the land owned by the Plaintiff.
[Ground of recognition] A without dispute, entry of Gap evidence 1 to 8, appraiser K's appraisal result, the purport of the whole pleadings
2. Determination
A. The summary of the Plaintiff’s assertion is that the Plaintiff frequently, openly, openly, and openly occupies the instant land from May 8, 1985. As such, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land on May 8, 2005.
B. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as the owner’s intention. However, as the possessor’s possession is determined externally and objectively by the nature of the source of title that caused the acquisition of possession or by all circumstances related to the possession, the possessor is presumed to have occupied the object without permission, barring any special circumstances, if it is proved that the possessor has occupied the real estate owned by another person without permission, even though he/she is aware of the absence of such legal requirements without permission, barring special circumstances.