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(영문) 대법원 2016.01.14 2015다233845
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.

1. As to the grounds of appeal on the completion of the statute of limitations for the acquisition by possession, the lower court, based on its stated reasoning, presumed that the possession of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on the part of the instant forest land owned by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on the part of the instant forest land No. 1 was carried out in peace and public performance with its own intent, and determined that the Defendant acquired the instant dispute by prescription on the ground that each evidence of the Plaintiff’s submission alone is insufficient to reverse the said presumption.

In light of the relevant legal principles and records, the above fact-finding and determination by the court below are just and acceptable. In so doing, the court below did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on presumption of independent possession

2. As to the grounds of appeal on the mining of a grave, the lower court, based on its stated reasoning, determined that it is difficult to view that the right to manage and dispose of the graves, etc. installed in the dispute part of the instant case belongs to the Defendant, and that the Defendant did not assume

In light of the relevant legal principles and records, we affirm the above fact-finding and determination by the court below as just, and there were no errors by failing to exhaust all necessary deliberations or by misapprehending the legal principles on significance, scope, etc. of graves.

3. 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.

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