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(영문) 광주지방법원해남지원 2016.07.05 2015가단3157
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the instant land, G is indicated as being owned by G on December 28, 1914 after examining the instant land.

B. Of the instant land, about 400 square meters in the north-dong, there were four graveyardss and bridges. From around 1983, the Plaintiff began to possess the remaining parts of the graveyard and boom with her husband H by cultivating bean, etc., and H was dead on November 20, 1987 and thereafter possessed by the Plaintiff until now.

C. G died on February 24, 1946, and I succeeded to G, and I died on November 18, 1987, and the Defendants succeeded to I.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, and 6, Eul evidence 7-1, Eul evidence 7-1, the result of on-site inspection by this court, the purport of the whole pleadings

2. The Plaintiff’s assertion has occupied the land of this case as its owner’s intention in peace and performance for at least 20 years since January 1, 1994.

Therefore, on January 1, 2014, the acquisition by prescription of possession of the instant land was completed.

3. Determination

A. Article 245(1) of the Civil Act provides that a person who occupies real estate in peace and openly with an intention to own it for twenty (20) years shall acquire ownership by filing for registration (Article 245(1) of the Civil Act). An occupant is presumed to have occupied an object in good faith, peace and openly with an intention to own it (Article 197, Article 198(2) of the Civil Act). As such, the possessor of an object is presumed to have occupied it with his/her intention to own it, and thus, he/she does not bear the burden of proving his/her intention to own it in cases where the possessor claims the prescriptive acquisition. Rather, he/she bears the burden of proving that the possessor’s possession

Even if the possessor asserts the right of possession, such as the purchase and sale or donation, but this is not recognized, the burden of proving the original right of possession shall be the possessor.

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