1. In full view of the following facts: (a) there is no dispute between the parties to the judgment as to the cause of the principal claim; or (b) the purport of the entire pleadings as a result of the commission of surveying and appraisal to the Korea Land Information Corporation in this Court; and (c) the fact that the Plaintiff is the owner of the instant real estate; and (b) the Defendant’s residence (hereinafter “instant house”) occupied the instant land while the instant land was occupied by the Defendant, respectively.

According to the above facts, the defendant is obligated to remove the house occupied by the part of this case to the plaintiff and deliver the site to the plaintiff, except in extenuating circumstances.

2. Determination as to the defendant's defense and counterclaim against the defendant's main claim

A. On this ground, the defendant purchased the instant house and its site from the former owner in around 1976, and resided in it for 20 years or more from the former owner, and died on January 25, 1996, and the defendant resided in the instant house since around that time, the defendant asserted that the acquisition by prescription was completed on January 25, 2016, while the defendant asserted that the possession of the instant land was completed by counterclaim, and that the procedure for the registration of ownership transfer on the ground of the completion of the statute of limitations for possession by counterclaim is implemented.

B. In a case where the nature of the source of possessory right of one real estate is not clear, the possessor is presumed to have occupied in good faith and openly, pursuant to Article 197(1) of the Civil Act. However, in a case where it is proved that the possessor occupied the real estate owned by another person without permission knowing it to the effect that the possessor did not meet such legal requirements without permission, barring any special circumstances, the possessor shall be deemed to have rejected the ownership of another person and shall not have an intention to occupy the real estate.