logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2018.06.05 2017가단12590
소유권이전등기
Text

1. On May 23, 2015, the Defendant made the Plaintiff’s completion of the acquisition by prescription on each land listed in the separate sheet.

Reasons

Basic Facts

The plaintiff is the birth of the deceased C (hereinafter referred to as "the deceased"), and the defendant is the spouse of the deceased.

Attached Form

As between December 7, 198 and April 19, 1993, each land entered in the list (hereinafter “instant land”) was subject to the registration of ownership transfer in the deceased’s future.

The Deceased died on July 16, 2004, and the Defendant is the only heir of the Deceased.

[Based on the fact that there is no dispute, Gap 1 through 3 (including a branch number), and the legal principles pertaining to determination of the cause of a claim for the entire pleadings are presumed to have been occupied as the intention of ownership. Thus, in cases where the possessor claims the prescriptive acquisition, he/she does not bear the burden of proving his/her own intention. Rather, the possessor has the burden of proving the existence of the prescriptive acquisition by asserting that the possessor has no intention to own it. In the prescriptive acquisition of real estate, whether the possessor is the owner of the real estate or the owner has no intention to own it shall not be determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of right or the possession of the source of right which is the cause of the acquisition by ownership, and therefore, the possessor has to be determined externally and objectively, on the basis of his/her title which appears to have no intention to own, or if the possessor does not appear to have objectively expressed his/her intention to exercise exclusive control, such as his/her own property.

arrow