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(영문) 대구지방법원상주지원 2016.07.13 2015가단9393
소유권이전등기
Text

1. Of the 2 information on the forest land in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the attached appraisal map No. 1,38, 39, 40, 41, 42, 43, 44, 45, 46, 33, 34, 34.

Reasons

1. Basic facts

A. As of the date of the closing of argument in the instant case, the registration of ownership transfer for each of 1/3 shares of Non-Party N,O, and Defendant L, respectively, was completed with respect to the non-party 1/3 portion of forest land M 2 information (hereinafter “instant real estate”).

B. The Plaintiff occupied the portion of the attached appraisal map (B) out of the 2 information on the forest land in Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do (hereinafter “instant occupied portion”) and formed a farmer.

C. 1) N died on January 23, 1979. As of the date of the date of the closing of the instant argument, as of January 23, 1979, there were Defendants B, C, D, E, F, G, and H. As of the date of the closing of the instant argument, their successors were 60/576, 11/576, 11/576, 44/576, 44/576, 11/576, 11/576, 11/576, 11/576, 11/576, and 11/576. 2)O died on September 20, 1973, and as of the date of the instant closing of argument, their successors were Defendant I, J, and K, and each inheritance share was 1/18,3/18,2/18

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. If the purpose of Gap evidence Nos. 2 through 4, Gap evidence Nos. 6-1 through 5, and the whole purport of the witness testimony testimony of P is added, the plaintiff can be acknowledged as having purchased each land from U during the period from around 1970 to 1980, and the part of the possession of this case located between the above land was purchased from U during the period from around 198 to around 1980, and there is no counter-proof.

B. In the legal doctrine regarding the possession of real estate, whether the possession of the possessor is the possession with the intention of possession or with the intention of 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 of possession or by all circumstances related to the possession.

However, if the nature of possessory right is not clear, it shall be in accordance with Article 197(1) of the Civil Act.

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