A. On February 12, 1982, the Plaintiff is the owner who completed the registration of transfer of ownership with respect to C & 1041 square meters in Chungcheongnam-gun budget-gun (hereinafter “instant site”).

B. On the ground of the instant site, the part of “A” as indicated in paragraph (1) of this Article, 135 square meters in waste stables, 56 square meters in waste stables, 83 square meters in waste stables, and 83 square meters in waste stables (hereinafter “each of the instant waste stables”) and 42 square meters in the portion of “A” in unregistered condition (hereinafter “instant housing”). The instant housing site is being provided for the use of waste stables and housings.

C. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) acquired each of the instant closed livestock pens and housing from E on February 13, 2015.

[Evidence Evidence: No dispute exists, entry of Gap evidence 1, images of Gap evidence 7, purport of whole pleadings]

2. Determination:

A. According to the facts of the judgment on the ground of the Plaintiff’s claim, barring any special circumstance, the Defendant occupies the site of this case as the legal or de facto disposal authority of each of the closed stables and housing units, barring any special circumstance, and thus, the Defendant is obligated to remove each of the closed stables and housing units of this case and deliver the site to the Plaintiff, who is the owner of the instant site.

B. (1) As to the defendant's defense and counterclaim, the completion of the prescription period for the possession of the land of this case is asserted by the defendant for the following reasons that the defendant has a legitimate right to possess the land of this case, and at the same time, as the main counterclaim, in subrogation of E and D, sought the registration procedure for ownership transfer based on the completion of the prescription period.

Nonparty D resided in the instant housing site from March 10, 1949 to occupy the instant housing site, and transferred the instant housing to E on or around August 3, 2010. Since E thereafter transferred the instant housing to the Plaintiff on or around February 13, 2015, Nonparty D again transferred the instant housing to the Plaintiff on or after February 12, 1982, for which 20 years elapsed since the Plaintiff acquired the instant housing site ownership. < Amended by Presidential Decree No. 17587, Feb. 12, 2002>