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

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

A. On October 20, 1911, the 3,652 square meters of the land in Daegu-gu, Daegu-gu (the name of the administrative district was the Ma Ri in the past, and the name was changed as at the present time; hereinafter “the forest before the division”). The Defendant completed the registration of preservation of ownership as to the forest before the division on June 24, 1966.

B. Around June 15, 1970, the forest land of this case was divided into 1,894 square meters (hereinafter “the forest land of this case”) in Daegu-gu, Daegu-gu. (hereinafter “the forest land of this case”).

C. From December 21, 1994, the Plaintiff occupied and used the instant forest from around December 21, 1994 to the present.

[Ground of recognition] Facts without dispute, Gap 4, 5 evidence, Eul 2, 3 and 5 evidence (including each number), the purport of the whole pleadings

2. The fact that the Plaintiff occupied the forest of this case, which is the Defendant, for twenty (20) years from December 31, 1996, in determining the cause of the claim, is presumed to have possessed the forest of this case, and such possession is presumed to have been carried out by its owner’s intent, peace, and public performance. Thus, barring any special circumstance, the Defendant is liable to the Plaintiff to implement the procedure for the registration of transfer of ownership on the ground of the completion of the prescriptive prescription on December 31, 2016.

3. Judgment on the defendant's defense

A. The defendant asserts that the presumption of possession of the plaintiff's forest of this case should be reversed.

B. The possessor’s possession is not the possession with intention of the possessor or with intention of the possessor, but the possession must be determined with intention of the possessor, and it should be determined with the external and objective view, depending on the nature of the source of right which is the cause of the acquisition or on all circumstances relating to the possession.

The possessor is proved to have acquired possession on the basis of the title which appears to have no intention to own due to its nature, or the possessor cannot be viewed as having occupied with the intent of exclusive control like his own property by excluding the ownership of another person.