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(영문) 의정부지방법원 2020.01.09 2019가단3356
점유토지 소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 10, 1997, the registration of ownership preservation was completed in the future E on May 6, 1993 for the representative of the Plaintiff church, the registration of ownership transfer on May 6, 1993, the registration of ownership transfer on the above land, the first underground floor on the above land, and the church building on the fourth floor on the above land.

B. Next, on August 9, 2002, the registration of ownership transfer was made on the ground of donation of the above land and the church building in the future of the plaintiff church.

(hereinafter referred to as “Plaintiff’s land”) C.

Plaintiff

A church around July 1997 occupies and uses a church parking lot, etc. after performing concrete packaging works on the land of this case abutting on the land of the plaintiff.

【Unsatisfied facts, entries and images of Gap evidence 1 through 6 (including paper numbers)]

2. Assertion and determination

A. The Plaintiff’s assertion was signed on December 17, 1996, but the Plaintiff’s church found the owner to use the instant land attached to the Plaintiff’s land as a parking lot due to the lack of space for parking of its members, but eventually, it was sealed that it was a non-owner’s land, but it was eventually impossible to find it, and the Plaintiff’s assertion occupied the instant land in a peaceful manner for twenty (20) years from that time to July 2017, and thus, the prescription period for the acquisition of possession of the instant land was completed.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership of the land of this case on the ground that the prescription period for possession is completed for the plaintiff.

B. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intent. As such, in cases where the possessor asserts the prescriptive acquisition, he/she does not bear the burden of proving his/her own intent. Rather, the possessor bears the burden of proving that he/she has no intention to own it.

However, it is not owned independently or independently by the possessor.

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