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(영문) 광주지방법원 2020.02.05 2019나62337
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the following 2-A as the reasoning of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion stated in 2-A as stated in 2-B, thereby citing it as it is in accordance with the main sentence of Article 420

2. Additional determination

A. The Plaintiff’s assertion is presumed to have possession of Q and the Plaintiff’s land in Q and Q are presumed to have been occupied frequently. However, the presumption of possession of the land in question cannot be reversed with the circumstance where Q paid indemnity and concluded a loan agreement without asserting Q as holding the land in question at the time of net, the imposition of indemnity based on the Plaintiff’s illegal occupancy of the land in this case.

Therefore, as the Plaintiff succeeded to the possession of J and Q and occupied the instant land for at least 20 years with the intention of ownership, the acquisition by prescription for the possession of the instant land has been completed, the Defendant is obligated to implement the registration procedure for ownership transfer based on the completion of prescription for possession of the instant land to the Plaintiff.

B. As to the prescription for the acquisition of real estate by prescription, whether the possessor is the owner or the owner without the intention of possession is not determined by the internal deliberation of the possessor, but by the nature of the title that is the cause of the acquisition or by all circumstances related to the possession, the possessor must be determined externally and objectively. Therefore, it is proved that the possessor acquired the possession on the basis of the title that is deemed to have no intention of ownership due to its nature, or that the possessor is not deemed to possess the possession with the intention of exercising exclusive control such as his own property by excluding the ownership of another person. In other words, if the possessor expresses his intention of not taking ordinary possession or is the owner, he must act as a matter of course.

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