(영문) 의정부지방법원 2017.02.14 2016가단2505

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(영문) 의정부지방법원 2017.02.14 2016가단2505

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1. The plaintiff

A. Defendant B is based on the completion of the prescriptive acquisition on April 27, 2015, with respect to the land size of 869 square meters in Yangju-si.

Reasons

1. Basic facts

A. On April 27, 1995, the registration of preservation of ownership in Defendant B’s name was completed with respect to Yangju-gun C 869 square meters, and on October 20, 2003, the indication of the said land was changed to C 869 square meters in Yangju-si (hereinafter “instant land 1”).

B. On April 28, 1995, the registration of preservation of ownership in the name of the Defendant Republic of Korea was completed with respect to the area of 506 square meters in Yangju-gun D, Yangju-gun, and on October 20, 2003, the indication of the said land was changed to D 506 square meters in Yangju-si (hereinafter “the instant land No. 2”).

C. On March 28, 2016, the Plaintiff, G, H, I, and J, a co-inheritors of the deceased E (hereinafter “the deceased”) agreed on the division of inherited property with the content of the Plaintiff’s sole inheritance of the deceased’s property on March 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, and 8 (which include branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to Article 197(1) of the 197(1) of the 197(1) of the 197(1) of the 197’s judgment on the cause of the claim, the possessor is presumed to have occupied an object with the intention of possession. Thus, the possessor does not bear the burden of proving the intention of possession in a case where the possessor asserts the acquisition by prescription. Rather, the possessor bears the burden of proving the establishment of the prescription period for acquisition by prescription by asserting that the possessor is an possession without the intention of possession. In the prescription for the acquisition by prescription for the possession of real estate, whether the possessor is the possession with the intention of possession or with no intention of possession is determined by the intention of the possessor, not by the internal deliberation of the possessor, but by the external and objective nature of the title that caused the acquisition by possession or by

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-민법 제197조 제1항

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