A. On May 7, 1948, the registration of ownership preservation was completed in the name D with respect to the land of 340 square meters in Geumcheon-gu, Seoul Special Metropolitan City (hereinafter “instant land”).

B. D’s death on November 30, 1999, the Defendant (Appointed Party; hereinafter “Defendant”) and the designated parties, who are his/her spouse, jointly succeeded D. The Defendant and the designated parties died on April 18, 2016, and jointly succeeded E. The Defendant and the designated parties jointly succeeded to E. The final inheritance shares of the instant land by the Defendant and the designated parties are 1/6, respectively.

C. The Plaintiff’s father F occupied and cultivated the instant land since 1986, and after F died on June 26, 2013, the Plaintiff cultivated the instant land.

The heir of F had spouse G and children, H, I, J, K, K, and L. On June 4, 2019, the remaining inheritors, other than the Plaintiff, renounced inheritance of the instant land, and the Plaintiff solely inherited the F’s right to the instant land.

E. F paid the property tax, etc. on the instant land from 1994 to 2012.

[Reasons for Recognition] Gap's statements or images, witness M's testimony and the purport of the whole pleadings

2. Determination:

A. The fact that the FF occupied and cultivated the instant land from before the date of 1986 to June 26, 2013, and the fact that the Plaintiff solely succeeded to the F’s right to the instant land is as seen in the above-mentioned facts, and it is presumed that the F, pursuant to Article 197(1) of the Civil Act, occupied the instant land in peace and openly and openly as its owner’s intent pursuant to Article 197(1) of the Civil Act.

In addition, with respect to the land for which the owner is not changed during the period of possession, the person who asserts the prescriptive acquisition may arbitrarily choose the starting point of the possession, and recognize the fact of possession for not less than 20 years retroactively from the time of claiming the completion of the prescriptive acquisition, and recognize the prescriptive acquisition unless it is found that it is not an independent possession.