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(영문) 서울중앙지방법원 2015.04.30 2014나49462
부당이득금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to the matters alleged by the defendant in the court of first instance, and therefore, they are quoted in accordance with the main sentence

2. Additional matters to be determined;

A. The defendant's assertion that since from July 1968 to 20 years, the defendant's acquisition by possession of the land listed in Paragraph 4 of the annexed Table of Real Estate (hereinafter "the land in this case") was completed by peace and openly occupying the land in this case, it cannot comply with the plaintiffs' claim.

B. If the nature of the source of possessory right of one real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body of cadastral records, occupies it.

However, in a case where it is proved that the possessor has occupied the real estate owned by another person without permission even though he/she was aware of the absence of such legal requirements as to the legal act or any other legal requirements which may cause the acquisition of the ownership at the time of the commencement of possession, the presumption of the possession with intention to hold it

This is the case where the state arbitrarily incorporates the private land into the road site without a title to occupy the land.

Therefore, there is no circumstance that it is difficult to expect submission of documents concerning the procedure for acquiring the land, such as the cadastral record, etc. on the land incorporated into the road site was destroyed or lost in the column of 6.25, or did not exist due to any other reason, and there is no indication that the State, etc. has lawfully acquired the ownership in the cadastral record, registry, etc., and rather it is stated that the ownership of the previous owner

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