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1. The defendant has each point of the attached Table 1,27,28,29,22, and 1 among the land areas of 1,458 square meters in Namyang-si, Namyang-si.
Reasons
1. Facts of recognition;
A. D on September 3, 1984, completed the registration of ownership transfer on the grounds of sale on the same date with respect to CY 1,458 square meters (hereinafter “C land”).
B. Since then, land C was transferred before transfer, and the Defendant acquired its ownership on April 7, 2006.
C. The Plaintiff’s father E died on December 29, 1986. On December 31, 1986, the Plaintiff installed a net E grave on the ground of the part of 60 square meters in the ship (hereinafter “instant land”) which connects each point of the attached Table 1, 27, 28, 29, 22, and 1 among the instant land on December 31, 1986, and occupied it up to now.
[Ground of Recognition] A without dispute, Gap evidence 1 through 3, Gap evidence 4-1 through 6, Gap evidence 5-1 through 6, Gap evidence 7-1 through 3, Gap evidence 7-1 through 10, Gap evidence 11-1, 2, each entry and video of this court, the result of the request for the measurement and appraisal of the South and North Korea Land Information Corporation for the whole pleadings
2. Determination
A. According to Article 197(1) of the Civil Act, the possessor of an article is presumed to have occupied the article 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 intention, and bears the burden of proving that the possessor’s possession does not have the intention to own, to deny the establishment of the prescriptive acquisition.
In addition, even if the possessor asserts his/her right to possession, such as sale and purchase or donation, but this is not recognized, the presumption of possession with the sole reason that the possessor is not recognized as the possessor, unless the possessor bears the burden of proof of his/her right to possession, cannot be deemed to be reversed or as the possessor’s possession with the nature of the possessor’s source of right. Furthermore, there is no such legal requirement without any legal act or other legal requirements that can be the cause of the acquisition of ownership at the time of commencement of possession.