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(영문) 춘천지방법원강릉지원 2019.07.16 2019나30904
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The court's explanation on this part of the plaintiff's assertion is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (2) of the same Article. Thus, this part is cited by the main text of Article 420

3. Determination

A. In a case where the occupancy, which forms the basis of the prescriptive acquisition order, continues to extend over the statutory period, the prescriptive acquisition shall be the starting point of the commencement of the occupancy, and the person who asserts the prescriptive acquisition shall not choose the starting point at his own discretion. However, in a case where the possession is succeeded in succession, the person who asserts the completion of the prescriptive acquisition has the right to assert only his own possession or both his own possession and the former possessor’s possession. In addition, in a case where the former possessor’s possession is claimed at the same time, the person who asserts the occupancy at one stage of the former possessor’s possession has the right to choose at one point of time, and even in a case where the former possessor’s possession is claimed at the same time, the former possessor cannot choose at one point of time during the period of possession at any time (see, e.g., Supreme Court Decision 97Da56822, Apr. 10, 1998; 2007Da186822, Apr. 18, 1998).

As to this, the Plaintiff.

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