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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the defendant's argument of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the
[Supplementary part] Even if the building of this case is owned by the Plaintiff, the Defendant asserts that, even if the building of this case is owned by the Plaintiff, G built the building of this case and started to occupy it with wife H from January 1, 192, and thereafter, the Defendant occupied it in sequence through D and occupied it for 20 years by succession, and the prescription period for acquisition of possession was completed on or around January 1, 2012, it cannot be permitted under the good faith principle to seek the transfer of the building to the Defendant.
On the other hand, according to Article 199(2) of the Civil Act, in the case of the succession of possession, the possessor’s possession of the building in this case is succeeded to the defects in the case where the possessor claims the possession of the former possessor. The seller’s possession of the real estate sold to another person and bears the duty of delivery is changed to the possession of the other owner, barring any special circumstances (see, e.g., Supreme Court Decision 2004Da27273, Sept. 24, 2004). As seen earlier, G sells the building in this case to the Plaintiff around 1987, since the possession of the building in this case was changed to the possession of the other owner, it is reasonable to deem that G’s possession of the building in this case was changed
Therefore, the defendant's above assertion is without merit.
2. As such, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.