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(영문) 수원지방법원 2020.10.21 2019나50410
토지인도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide each real estate listed in the separate sheet No. 1 to the plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and such reasoning is identical to the ground of the judgment of the court of first instance, except for the following changes.

2. A modification of the judgment of the court of first instance shall be made in the following manner: (a) the 3rd to 4th to 5th to 3th to 3th to

Article 197(1) of the Civil Act provides that “In cases where the nature of the source of possessory right of real estate is unclear, the possessor is presumed to have occupied the land in good faith, peace, and public performance with his/her own intent, and such presumption applies likewise to cases where the State or a local government occupies the land, which is the managing body of the cadastral record, etc., and even if the State or a local government fails to submit the document regarding the procedure for acquiring the land that asserts the completion of the prescriptive prescription, it cannot be readily concluded that the State or a local government occupied the land with the knowledge that there is another person registered as the owner in the cadastral record, etc. due to the failure to submit the document regarding the procedure for acquiring the prescriptive prescription, etc., on the ground that the cadastral record, etc. of the land was lost in the sixth twenty-five column or no other reason exists, and the possibility that the State or a local government has lawfully acquired the ownership of the land through the procedure for acquiring the public property at the time of the commencement of possession cannot be ruled out.

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