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(영문) 대구지방법원 2020.10.07 2020나309096
소유권이전등기
Text

All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified, considering the evidence submitted to the court of first instance.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment under the following paragraph (2).

2. The addition;

A. In light of the fact that the Defendant’s assertion on December 14, 1924, the sales contract (Evidence A1-2) was not written by the purchaser, and that at the time the Party I purchased the instant land, which is unregistered land from J, the land cadastre of this case appears to have been purchased with the knowledge that the owner was not entitled to dispose of by J. In light of the fact that, at the time of the Plaintiff’s purchase of the instant land, the land cadastre of this case was written by G cancer, the Party I, the buyer, was the purchaser, and that the Plaintiff was aware

B. Determination 1) The intention of possession, which is the content of possession with intention to hold possession, should be determined depending on the nature of the source of possessory right, but if the nature of the source of possessory right is not clear, the possessor is presumed to have occupied in peace and public performance pursuant to Article 197(1) of the Civil Act. Thus, the possessor is not actively liable to assert and prove that the source of possessory right is possession, and the possessor is not in possession with the burden of proving it to the other party who asserts that the possession is the owner (see, e.g., Supreme Court Decision 98Da10618, Jun. 23, 1998). If the buyer of land acquires the possession of land through a sales contract for the purpose of acquisition, it constitutes the sale of another party’s land, and even if it is impossible for the buyer to acquire the ownership immediately, it cannot be readily concluded that the buyer obtained the possession on the basis of the source of possessory right by virtue of the title that

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