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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation concerning the instant case is as follows: (a) the Defendant’s argument emphasized in the trial of the court of first instance is stated in the reasoning of the court of first instance, except for the supplement under paragraph (2) below; and (b) thus, it is acceptable as it is in accordance with
2. Supplementary judgment
A. As to the background leading up to the Defendant’s assertion that the Plaintiff occupied the portion of the land in the dispute, the Plaintiff purchased the part of the land in the dispute without registration from F’s wife around January 1, 1974, and given it to the Plaintiff’s father He (hereinafter “the deceased”).
However, since F is not possible to own the land of 1,610,009 square meters (hereinafter “the instant mountainous district”), F is deemed to have known that F’s wife was unaware of the fact that F’s wife did not have the right to dispose of the land in the dispute, and the deceased and the Plaintiff did not endeavor to register the ownership of the land, and the Plaintiff did not submit a sales contract, so the presumption of possession with autonomy was reversed.
B. As to the acquisition by prescription of real estate, whether or not the possessor’s possession is the owner’s intention or the owner’s intention is not determined by the possessor’s internal intention, but by all circumstances related to the nature of the source of title or the possession, the ownership should be determined externally and objectively.
However, if the nature of possessory right is not clear, it is presumed that the possessor had possession with his intention to own pursuant to Article 197(1) of the Civil Act. Thus, the possessor is not responsible for proving that the possessor himself/herself is the possession with the nature of the possessory right, and the possessor bears the burden of proving the possession with respect to the possessor's possession with no intention to own
Therefore, the possessor himself.