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(영문) 대전지방법원 천안지원 2018.01.17 2015가단110887
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 8, 1929, the basic fact-finding G was registered as the owner on the land cadastre No. 1,021 square meters (hereinafter “instant land”) located in Western-gu, Seo-gu, Seoan-gu as of 1,021 square meters (hereinafter “instant land”).

2. The Plaintiff’s assertion: (a) occupied the instant land with the intent of ownership from around 1915 to December 17, 1997; (b) succeeded to the Plaintiff’s possession of H; and (c) occupied the instant land with the intention of ownership until now after the death of H.

The Defendants: (a) as the descendants of G, the owner of land cadastre, succeeded G, and (b) he succeeded to G; (c) after the death of G; (d) the Republic of Korea J succeeded to I after his death; and (e) the Defendants, the children of J, who died in 1962, succeeded to J.

Since the owner on the land cadastre is the same person during the period of possession, the plaintiff can regard the time of voluntary acquisition as the starting point for the acquisition by prescription, and the acquisition by prescription on November 9, 2015, which is the day before the receipt date of the complaint in this case, was completed when counting from November 9, 1995 to 20 years.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on November 9, 2015 with respect to each of the instant shares of 1/4 of the instant land to the Plaintiff.

3. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intention. However, the issue of whether the possessor is an independent possession or an independent possession without the intention of possession is not determined by the internal deliberation of the possessor, but by the nature of the title causing the acquisition of possession or all circumstances related to the possession, it is proved that the possessor acquired the possession on the basis of the title which appears to have no intention of ownership due to its nature, or that the possessor has an intention of exclusive control, such as his/her own property, by excluding the ownership of another person.

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