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1. Defendant D, each of the 9,861/350,385 shares in K forest and 230 square meters in the event of residing in Gyeongbuk-do, and Defendant E, each of whom is 6,574/350.
Reasons
1. According to the purport of the entire pleadings, L and the Plaintiffs are recognized as having used K forest land of 230 square meters (hereinafter “instant land”) for an orchard warehouse from March 22, 1999 to March 22, 2019, and occupied in order from March 22, 2019.
2. Determination
(a) The possessor of the cause of the claim shall be presumed to have occupied in good faith, peace and public performance with his own will;
(Article 197 (1) of the Civil Act). L and the plaintiffs' land possession is presumed to be peaceful and openly occupied by their own will.
B. Defendant J’s assertion that Defendant J occupied the instant land while knowing that L and the Plaintiffs did not have any legal act or other legal requirements which may cause the acquisition of ownership at the time, and thus, the presumption of self-ownership should be reversed.
It is not determined according to the intention of the possessor with the intention of the possessor, whether the possessor is the possession with intention or not, but the possession should be determined externally and objectively according to the nature of the source of title which is the cause of the acquisition of possession or all circumstances related to the possession.
The presumption is broken only when it is proved that the possessor acquired possession on the basis of the title which appears to have no intention to own in its nature, or when it is proved that the possessor did not normally take the position of the possessor if the possessor was the real owner or did not act as a matter of course when the possessor would have taken the action to reject the ownership of another person and did not have an intention to occupy the same as his/her own property, or when it is proved that the possessor did not have an intention to hold the ownership of another person.
However, the possessor asserts the right of possession, such as sale or donation, and the reason why it is not recognized is the presumption of possession independently.