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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
Claim:
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. The Defendant’s assertion that part of the instant land was rejected by H, and the remainder was managed as state property, and the J did not receive part of the instant land.
Therefore, J is a person who has no power to dispose of the land of this case.
In addition, the deceased I knew from J that he did not have the right to dispose of the land of this case at the time of purchase.
This is because the owner of the register and the ledger became a "F".
Therefore, the presumption that the possession of the land in this case by the deceased I and the plaintiffs was self-owned was broken.
B. In light of the fact that the current Civil Act adopts the form of the public announcement of the acquisition, loss, and transfer of real right to real estate by juristic act only when it takes effect, but the registration is not recognized, and the practice of real estate transaction pursuant to the former Civil Act, which has adopted the principle of intent for a considerable period of time in the actual state of legal life even after the enforcement of the current Civil Act, remains. In addition, even if the purchaser of the land acquires the possession of the land for the purpose by the sale and purchase contract as it constitutes the sale of another person's land, it cannot be readily concluded that the purchaser proves that he/she acquired the possession on the basis of the title that he/she did not have the intention to own the right of possession, even if he/she was unable to acquire the ownership immediately due to the purchase and sale of the land by the purchase contract, unless there is any other special circumstance, such as the seller