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(영문) 서울고등법원 2019.01.31 2018나2051288
소유권이전등기 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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 as to the instant case is as follows, and the reasoning of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance, except for further determination in paragraph (2) as to the Plaintiffs’ preliminary assertion, thereby citing it as it is in accordance with Article

From the 3rd to 7th 5th eth eth eth eth eth eth eth eth eth eth eth.

A person shall be appointed.

B. According to Article 197(1) of the Civil Code of 197, the possessor of an object is presumed to have occupied the object with his/her intention of possession. Thus, the possessor does not have the responsibility to prove his/her intention of possession when he/she claims the acquisition by prescription. Rather, the possessor bears the burden of proving the establishment of the prescription period by asserting that the possessor has no intention of possession. In the prescription period for the acquisition of real estate, whether the possessor is the possessor's possession with intention of possession or with no intention of possession is determined by the possessor's internal deliberation, rather than by the occupant's internal deliberation, the possessor's external and objective decision should be determined by the nature of the title that caused the acquisition by possession or all the circumstances related to the possession. Therefore, the possessor is proved to have no intention of possession on the basis of his/her title that the possessor is deemed to have no intention of possession, or that the possessor is not deemed to have occupied with his/her intention of exclusive control as his/her own property, i.e., the possessor does not have an intention of possession.

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