2. The plaintiff (Counterclaim defendant) shall attached to the defendant (Counterclaim plaintiff).

A. On February 22, 1974, the Plaintiff and the Defendant completed a marriage report, and they were married to their husband and wife, and the Defendant filed a divorce lawsuit against the Plaintiff with the Changwon District Court 92d7172, and on August 12, 1993, the judgment that the Plaintiff and the Defendant divorced (hereinafter “the judgment related to this case”) was sentenced, and the judgment related to this case became final and conclusive on November 12, 1994.

B. On September 2, 1981, the Defendant acquired the ownership of the instant house and housing site, and up to now owned the instant housing and housing site.

C. The plaintiff is residing in the house of this case from April 17, 1982 until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers if any) and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts prior to the determination as to the cause of claim, the Plaintiff is presumed to occupy the instant house from November 12, 1994, where the marital relationship with the Defendant was terminated, for at least 20 years, and the Plaintiff is presumed to possess the instant house in peace and openly with the intent of ownership. Thus, barring any special circumstance, the Defendant is liable to implement the procedure for the registration of ownership transfer for the completion of the prescriptive acquisition as to the instant house

B. 1) The Defendant asserts that the presumption of self-ownership was reversed, as the Plaintiff occupied the instant house by recognizing that it was the Defendant’s ownership. 2) In addition, even if it is proved that the possessor occupied the instant house without permission, barring any special circumstances, the possessor shall be deemed not to have rejected another’s ownership and to have no intention to occupy it, and thus, the presumption of possession with the intent to own is based on the presumption of intention to own, even in a case where it is proved that the possessor did not possess the real estate owned by another without permission, even though he was aware of the absence of such legal requirements