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(영문) 광주지방법원 2018.04.27 2017나59948
소유권이전등기
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff is the mother of the Defendant’s husband, and the Plaintiff and the Defendant are in the relationship with the mother of the Defendant’s husband.

B. Each land indicated in the separate sheet (hereinafter “each land of this case”) and the land of 202 square meters prior to the K, Seoul Special Metropolitan City, Chungcheongnam-gun, was owned by F, the Plaintiff’s saturine. Since E died on September 6, 1994, the graves of this case were installed on the No. 2 land of this case, and each land of this case and the land of this case were completed on December 19, 194 with respect to each land of this case and the land of this case.

C. The plaintiff, the defendant, and the defendant were living together in Changwon-si from around 1980, but after the death of the plaintiff, the plaintiff returned to Jeonnam-gun around September 1995, and cultivated each of the land of this case from around that time to the date of closing of argument of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, 6 through 9 (including branch numbers, if any) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was practically donated each of the instant lands from the Defendant around September 1995 and occupied each of the instant lands owned by the Defendant for twenty years. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer of each of the instant lands to the Plaintiff.

B. The defendant's assertion is merely that the plaintiff had a certificate of the right to register each of the lands of this case in the process of dispute with the plaintiff, and since each of the lands of this case was donated, the plaintiff did not possess each of the lands of this case as the owner'

3. Determination

(a) Whether the possession of the owner of the relevant legal doctrine is an independent possession or an 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 causing the acquisition of the possession or the possession, the possessor shall be determined externally and objectively, by nature, not by the internal deliberation of the possessor.

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