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The appeal is dismissed.
The costs of appeal are assessed against the plaintiff (Counterclaim defendant).
Reasons
The grounds of appeal are examined.
1. In light of the purport of the entire pleadings and the outcome of the examination of evidence, the court shall render a judgment of fact free of charge in accordance with logical and empirical rules, based on the principle of free evaluation of evidence, by taking into account the social justice and equity, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the determination of value of evidence and fact-finding belongs to the discretion
(3) The court below determined that the assertion based on the premise that the Plaintiff occupied the part of the instant erosion for 20 years, including the possession of the former occupant, is groundless, based on the premise that the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) occupied the part of the instant erosion from May 2008 to May 2008. (2) The court below determined that there was no evidence to support the fact that there was an occupancy intermediary relationship between W, R, X and F, etc. with the former owner of adjacent land at the time of W, R, and X, and that there was no evidence to support the fact that there was an occupancy intermediary relationship between W, F, etc., and F, etc.
The argument that the lower court’s determination on the facts of possession and use of W, R and X is nothing more than an error in the selection of evidence and the judgment on the value of evidence belonging to the court’s free evaluation of evidence.
Furthermore, inasmuch as the possession of Q Q and the possession of the part of the instant crime by O, which was the owner at the time of the possession, was not recognized to have succeeded to the ownership of the owner and the possessor of the adjoining land thereafter, it can be presumed that the possession of Q from May 1987 to May 2008 and the Plaintiff’s possession of Q from May 208 continued to exist to the Plaintiff via possession by F, etc., the adjoining land owner.