logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.03 2015가단9803
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The network D, the Plaintiff’s assertion of the Plaintiff, leased from the Defendant’s father E, the Defendant’s father, to the period from 1940 to 1944, the sum of 545 square meters in Chungcheongnam-gun, Chungcheongnam-do.

Since the network D purchased the above land in 1945, the Plaintiff occupied the above land in peace and public performance with its own will and acquired prescription.

Accordingly, the defendant should implement the procedure for ownership transfer registration on the ground of completion of prescriptive acquisition to the plaintiff.

2. The person who occupies the judged real estate shall be presumed to possess it with his/her own intention.

However, according to the facts that the Plaintiff started possession of the network D due to the lease, that himself is the heir of the network, and according to the evidence No. 4 and the evidence No. 5, the Plaintiff also expressed to the Defendant that he would purchase the above land at a reasonable price even around May 2013, it is recognized that the presumption was broken.

In addition, the statement of Gap's evidence Nos. 1 through 6 alone purchased the above land by the plaintiff or the plaintiff's reference.

It is insufficient to recognize that a person possessed possession with the intention of ownership or possession, and there is no other evidence to recognize it.

Therefore, the plaintiff's assertion is without merit without further review.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

arrow