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(영문) 제주지방법원 2017.09.01 2016가단54079
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is entitled to the Plaintiff’s land owned by Seogposiwon 2,602 square meters (hereinafter “Plaintiff’s land”).

The registration of ownership transfer was completed on May 18, 1983 by reason of sale on April 25, 1983 (However, it appears that E transferred ownership around 2016.

(2) The Defendant completed the registration of ownership transfer on June 2, 2006, with respect to the land owned by F, on November 15, 1985, 3,071 square meters (hereinafter “Defendant-owned land”) prior to C in Egypo City, Egyposi (hereinafter “Defendant-owned land”).

3) The Plaintiff’s land owned by the Defendant from April 25, 1983 to April 2016 is a part of 386 square meters in attached Form 1 (A) among the land owned by the Defendant (hereinafter “instant land”).

(2) On March 29, 2017, on the ground of on-the-spot verification, the entire purport of the pleadings, as a result of the on-site verification conducted on March 29, 2017, without dispute.

B. The possessor of the judgment is presumed to have occupied the land in good faith, peace, and public performance with his own intent (Article 197 of the Civil Act). Thus, the prescription period for acquisition of possession was completed on April 25, 2003 after the lapse of 20 years from April 25, 1983 when the Plaintiff occupied the land of this case.

Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership on April 25, 2003 with respect to the instant land to the Plaintiff on the ground of the completion of acquisition by prescription.

2. Judgment on the defendant's assertion of the possession of a third party

A. The defendant asserts that the possession of the land of this case by the plaintiff is the possession of the land of this case.

B. Determination 1 as to whether the possessor’s possession of the relevant legal doctrine is an intention of possession or an intention of possession without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the title that caused the acquisition of possession or the possession, based on the title that the possessor appears to have no intention of possession by nature.

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