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(영문) 수원지방법원 2015.04.03 2014가단527792
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The 1,845m2 (hereinafter “instant land”) is the land under the circumstances of E, the Plaintiffs’ prior to the Plaintiff, and the Plaintiffs are part of the heirs who jointly inherited the E’s property.

B. As to the land of this case, registration of ownership preservation was completed on January 8, 1992 by the Suwon District Court, the Sungwon District Court, the Sungsung District Office, the receipt of January 8, 1992.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including a tentative number), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that E, the plaintiffs' prior owner, was subject to the assessment of the land of this case. The defendant did not complete the preservation registration of the land of this case under the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate. Thus, the preservation registration of the land of this case is presumed to be invalid, and the defendant is obligated to cancel the preservation registration of the land of this case.

As to this, the defendant purchased the land of this case from F on April 1, 1947, and acquired by prescription in a peaceful and performing manner with the intention of ownership until now, the defendant asserts that the registration of preservation of ownership of the land of this case is valid registration consistent with the substantive relations.

B. (1) According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object with the intention of possession. As such, if the possessor claims the acquisition by prescription, he/she does not bear the burden of proving his/her own intention, and the person denying the establishment of the acquisition by asserting that the possessor has no intention of possession, bears the burden of proving it. Whether the possessor is the possession with the intention of possession or with the intention of possession without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances, by the nature of the title that caused the acquisition by possession or by all circumstances related to the possession.

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