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(영문) 대구지방법원 김천지원 2018.03.22 2017가단33465
소유권이전등기
Text

1. On July 25, 2017, the Defendant: (a) on the part of the Plaintiff, on the part of the Plaintiff, as Hansi City B’s ground mentor block block structure, one-story housing, 7 square meters, one-story housing.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 60 square meters of Gumi-si B Miscellaneous land (hereinafter “instant land”), and is currently residing in 7 square meters and 7 square meters of the instant land’s ground mentor block structure, string house, one-story housing, and one-story housing (hereinafter “instant building”).

B. On January 21, 1975, C, the husband of the Plaintiff, completed the registration of transfer of ownership on the land of this case on October 2, 1970, and on March 10, 2003, the Plaintiff, the wife of the deceased C, completed the registration of transfer of ownership on August 23, 2003 due to inheritance by consultation and division on March 10, 2003.

C. The Plaintiff has been a director of the instant building in 1970. On the abstract of the resident registration, a move-in report is made to Gumi-si, the address of the instant land prior to the subdivision of the land on February 8, 1973. On November 10, 1982, a move-in report is made to B, Gumi-si, the address of the instant land and the building.

On March 13, 1972, registration of preservation of ownership was completed in the name of the U.S. military on the land of this case, and the U.S. military was integrated into the defendant due to the reorganization of the administrative district.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

(a) In the relevant statutory acquisition of real property, whether or not the possessor’s possession is the possession with the intention of possession or with the intention of possession without the intention of possession should not be determined by the internal deliberation of the possessor, but be determined externally and objectively by the nature of the title that caused the acquisition, or by all circumstances related to the possession;

However, if the nature of possessory right is not clear, it is presumed that the possessor has possession with his intention to own pursuant to Article 197(1) of the Civil Act. Thus, the possessor is not responsible for proving that he is the possessor's own possession according to the nature of the possessory right, and it is another owner who has no intention to own.

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