2. The costs of appeal shall be the principal lawsuit.

1. Basic facts

A. On August 19, 1981, the Plaintiff completed the registration of ownership transfer based on “trade on February 8, 1969” with respect to the instant land.

B. On April 12, 1996, the Defendant is the Defendant’s land adjoining to 2,460 square meters or less, which is adjacent to the west of the instant land from D on April 12, 1996.

(C) The Defendant currently occupies the occupied portion of the instant land and uses it for the collection of excreta, passage, etc. [Grounds for recognition], A, 2, 11, 3, 9 (including the number of branches, hereinafter the same shall apply) on April 24, 1996.

result of the request for surveying and appraisal by the second instance appraiser; the purport of the whole pleadings;

2. Determination on the main claim

A. According to the above facts, the defendant, the possessor, is obligated to deliver the occupied part of this case to the plaintiff as the owner.

B. As to this, the Defendant: (a) prior to the purchase of adjacent land from D, D had occupied the occupied part of this case; and (b) the possession of the occupied part of this case has been succeeded to while purchasing adjacent land from D; and (c) as such, D had occupied the occupied part of this case for twenty (20) years by adding up D’s possession period, and the Defendant’s acquisition by prescription for the occupied part of this case was completed on January 1, 2016; and (b) the Defendant has a legitimate right to possess the occupied part of this case.

On January 1, 2016, it is found that there is no evidence that the defendant's possession of the part in this case was completed on January 1, 2016, as the defendant occupied the part in this case for 20 years including D's possession period. Thus, the defendant's defense is without merit.

3. Judgment on the counterclaim

A. Before the Defendant alleged the cause of the Defendant’s counterclaim purchase of adjacent land from D, D occupies the occupied portion of the instant land.