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(영문) 창원지방법원밀양지원 2020.11.25 2018가단12386
소유권이전등기
Text

The Defendants shall pay to the Plaintiff each share in the “share” column in attached Table 2 among each real estate listed in attached Table 1.

Reasons

1. Determination as to the claim against Defendant AS

A. The Plaintiff’s possession of each of the instant real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) owned by the Defendants from June 12, 1998 to 20 years is presumed to have been carried out in peace and performance with his/her own intent (Article 197(1) of the Civil Act). Thus, barring any special circumstance, the Plaintiff acquired each of the instant real estate by prescription on June 12, 1998 after the lapse of 20 years from June 12, 1998. Thus, Defendant AS, co-owner of each of the instant real estate, is liable to implement the registration procedure for transfer of ownership on the corresponding share in the separate sheet No. 2 of the instant real estate, as to the corresponding share in the “share” as of June 12, 2018.

B. The defendant AS asserts that since the plaintiff purchased each of the real estate of this case from the clan BE, the title of possession with autonomy is not recognized to the plaintiff.

However, in cases where the nature of the source of possessory right of real estate is unclear, it is presumed that the possessor in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act is presumed to have occupied the source of possessory right with the intention of possession. As such, in cases where the possessor asserts the acquisition by prescription, he/she does not bear the burden of proving his/her own intent, and the possessor bears the burden of proving the establishment of the acquisition by prescription to the person who denies the possession of possession without the intention of possession (see, e.g., Supreme Court Decision 2017Da360, 377, Dec. 22, 2017). Thus, it cannot be deemed that the presumption of possession with autonomy is broken solely on the grounds that

(see, e.g., Supreme Court Decision 99Da72743, Feb. 26, 2002). In light of such legal principles, land purchase is intended.

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