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(영문) 의정부지방법원 2020.11.26 2020나202822
소유권이전등기
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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the court added additional judgments as set forth in paragraph (2) below. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination as to the defendant's assertion

A. Determination as to the assertion of bad faith without permission. 1) When comparing the size of neighboring land owned by the Plaintiff and the size of the land of this case, it is reasonable that F occupied the land of this case in excess of the size of its own land is an occupation without permission in bad faith, not an occupation with the intent of ownership due to the nature of its title. If the heir acquired possessor's right by inheritance, he/she cannot assert possession without permission, regardless of his/her own possession, unless the heir begins his/her own possession with new title. If the owner is the owner, the possessor's possession by inheritance is not different in nature or form, and thus, it cannot be the owner's independent possession without the intention of possession. Thus, in light of the fact that the owner's possession with respect to the land of this case cannot be the owner with the intention of possession with the intention of possession without the intention of the Plaintiff, the Plaintiff's assertion as to possession constitutes another owner's possession with respect to the land of this case is not the owner with the intention of possession without the intention of the owner or the owner's own ownership.

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