beta
Text
1. The Defendants shall acquire by prescription on January 9, 1968 with respect to each of 1/4 shares out of 823 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. On January 9, 1948, with respect to the G 823 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant land”), the registration of ownership transfer was made under the name of Nonparty H on December 8, 1947 on the ground that the land was traded on December 8, 1947.
B. On the ground of the instant land, approximately 15 square meters have been constructed on the block structure, bridge roof, and the Plaintiff’s attached (hereinafter “the deceased”) owned the instant land from January 9, 1948 and occupied and used the instant land, which is a site for the instant land. Since the deceased died on May 5, 1969, the Plaintiff solely inherited the deceased, and owned and used the instant land, which is a site for the instant land.
C. On November 1, 2006, Nonparty C, D, E, and F, the wife of Nonparty C, Defendant C, E, and F, the wife of Nonparty H, were jointly inherited. On March 17, 2015, J died, and the Defendants succeeded jointly.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. Article 245(1) of the Civil Act provides that a person who possesses real estate for twenty (20) years shall acquire its ownership by filing for registration. Article 197(1) of the Civil Act provides that the possessor shall be presumed to have occupied the real estate in good faith, peace, and public performance with his/her intent to own it. Thus, the claimant for the prescription of possession has no burden of proving the ownership, good faith, peace, and public performance, and the opposing party shall bear the burden of proving that he/she has no intention to own the possessor, that is, the opposite party has no intention to own it.
In the case of acquisition by prescription, the intention of possession, which is the requirement for possession with intention to own shall be determined by the nature of the source of possessory right which objectively causes the acquisition of possession: Provided, That Article 197(1) of the Civil Act, if the nature of possessory right is not clear.