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(영문) 대법원 2015.01.29 2013다13290
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below regarding the assertion that the reservoir was not established due to the expansion of the second emergency water sources of the Chosun-gun, the court below rejected the plaintiff's claim for the registration of ownership transfer on the ground of the completion of the prescription for the acquisition of possession on the land of this case on the premise that the reservoir established on the land of this case was established on January 31, 1978, and the plaintiff occupied the land of this case from December 30, 1945, on the ground that there is insufficient evidence to support that the reservoir installed on the land of this case was registered as farmland improvement facilities, and the plaintiff occupied the land of this case from December 30, 1945.

In light of the relevant legal principles and records, the above conclusion by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the case where the reservoir is deemed to have been created due to the expansion of the second emergency water supply sources by the Joseon General

2. As to the allegation in the grounds of appeal on this part, such as the misapprehension of legal principles as to the presumption of possession with autonomy, the court below erred in the misapprehension of legal principles as to the presumption of possession with intention to hold that possession by the Plaintiff and the Plaintiff’s body, etc., even if possession by the Plaintiff is recognized, constitutes an occupation with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intention to hold possession with intent

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