2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On December 8, 1961, the Plaintiff’s license D (hereinafter “the Plaintiff’s license”) completed the registration of transfer of ownership on the ground of family inheritance on December 15, 1940 with respect to E orchard 3,792 square meters (hereinafter “instant orchard”).

Since then, the Deceased died on June 9, 2005, and on July 5, 2016, the Plaintiff completed the registration of ownership transfer on the instant orchard on the ground of inheritance by consultation and division on June 9, 2005.

B. Meanwhile, the land of this case was unregistered as the Defendant’s well-known-si C cemetery 139 square meters adjacent to the instant orchard (hereinafter “instant land”). On October 6, 1942, the deceased on September 10, 1913, the deceased on the part of the Defendant, and the deceased on the part of his father and the Defendant’s deceased on the part of the deceased on October 6, 1942, and the deceased on November 3, 1967, the deceased on the part of his father and the deceased on the part of his father and the Defendant succeeded to the instant land. As H died on November 3, 1967, the Defendant inherited the instant land by inheritance of Australia.

C. From around 1985, the Deceased occupied and used the instant land along with the instant orchard by planting wruscine trees on the instant land from around 1985. The Plaintiff succeeded to the possession of the Deceased thereafter has occupied and used the instant land until July 4, 2016, by selling the instant orchard to I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number in case of additional number), Eul evidence Nos. 1 to 4, and the purport of the whole pleadings

2. The Plaintiff asserted that the land of this case was included in the instant orchard and began to possess and use walscrue trees by planting wals on the ground of the instant land with the knowledge that the Plaintiff was aware that the land of this case was included in the instant orchard. Since then, the Deceased donated the instant orchard to the Plaintiff around 1994, the land of this case

As a result, the Plaintiff succeeded to the possession of the deceased on the instant land according to the above donation and has occupied the instant land in a peaceful and public performance with the intent to own it for at least 20 years, and on February 2016.