A. On June 1989, the Plaintiff purchased a building of 30 square meters in Busan Jung-gu, Busan (hereinafter “Plaintiff’s land”) and the building of 2nd above ground (hereinafter “Plaintiff’s building”) and completed the registration of transfer of ownership on July 20, 1989. The Defendant is the owner of the building of 4.3 square meters in Busan Jung-gu, Busan (hereinafter “Defendant’s land”).

B. The Plaintiff’s building was newly constructed on March 1958 and has not been extended until now. However, among the Defendant’s land, the part (b) in the ship connected with each point of the attached Form Nos. 5, 3, 8, 7, 6, and 5 was constructed over the ground (hereinafter “instant land”), and the Plaintiff occupied and used the Plaintiff’s land and building until now after purchasing it.

[Ground for recognition] Unsatisfy, entry of Gap 1 through 6, the result of the survey commissioned to the remaining Vice Governors of the Korea Land Information Corporation, the purport of the entire pleadings

2. According to the judgment on the cause of the claim, the plaintiff purchased the plaintiff's land and building and acquired ownership from July 20, 1989, and occupied and used the land in the dispute of this case from July 20, 1989. The above possession is presumed to have been conducted in peace and public performance with the intention of possession pursuant to Article 197 (1) of the Civil Act. As such, as to the land in the dispute of this case, the prescription period was completed on July 20, 2009 after the lapse of 20 years from July 20, 1989.

Therefore, the Defendant is obligated to implement the registration procedure for the transfer of ownership on July 20, 2009 with respect to the land in dispute of this case to the Plaintiff.

3. Judgment on the defendant's assertion

A. Accordingly, the defendant asserts that since the land boundary is determined by the boundary on the public register without regard to the actual boundary, possession of the land in the dispute of this case by the plaintiff is another main point in view of the nature of title.

If the possessor asserts that he/she has no intention to own it, he/she shall be the possessor.