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(영문) 전주지방법원 2017.10.18 2017나2499
건물명도 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: “No evidence exists to acknowledge objection” under Section 8 of the judgment of the court of first instance, i.e., “The evidence submitted by the defendant alone is insufficient to acknowledge it, and no other evidence to acknowledge it exists; and “a lease has been made” under Section 16 of the judgment of first instance (the plaintiff alleged that he/she paid a part of the rent that he/she leased as above to the plaintiff or the plaintiff ( though the plaintiff asserted that he/she paid a portion of the rent that he/she leased as above, the evidence alone presented by the plaintiff is insufficient to acknowledge it and there is no other evidence to acknowledge it). The plaintiff’s assertion that the plaintiff emphasizes or added in the trial of the court of first instance is identical to the reasons for the judgment of first instance except for adding “the addition of Section 2.” as to the

2. Additional determination

A. The plaintiff's assertion D was delegated or leased by the plaintiff's father C to manage the building of this case and possessed the building of this case. Thus, since the defendant's possession, which succeeded to D's possession, falls under the possession of the building of this case under the title of possession, the defendant's possession also constitutes the possession of the building of this case. Thus, the defendant cannot acquire by prescription.

B. As to the acquisition by prescription 1, the intention of possession, which is the requirement for possession with intention of possession, must be objectively determined by the nature of the source of possessor’s right which is the cause of the acquisition by possession. However, if the nature of the source of possessor’s right is not clear, the possessor is presumed to have possession with intention of possession pursuant to Article 197(1) of the Civil Act. Therefore, the possessor does not have the burden of proving that he/she is the possession with intention of possession by his/her own nature, and the possessor bears the burden of proving that

Therefore, the possessor has the right of possession such as purchase and sale or donation by himself.

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