logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.04.09 2014다79563
토지인도 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that the evidence presented by the Plaintiff (Counterclaim Defendant) alone cannot be deemed to have been reversed by the Defendant (Counterclaim Plaintiff)’s possession of each of the instant “A” and “B” due to the nature of the possessory right or the presumption of possession with autonomy.

In light of the records, we affirm the above judgment of the court below.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles as to the reversal of presumption of independent possession.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow