2. The defendant is on the plaintiff 1,828 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do.

A. As to the land of this case, on October 29, 198, the registration of transfer of ownership was completed on December 13, 1956 in the name of Dong, the father of the defendant, on December 13, 1956, and on July 27, 1999 in the name of the defendant, on June 2, 1999.

B. From December 1987, the Plaintiff, who is a net D, is occupying the instant land from around December 1987 to the present date while cultivating it.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Judgment as to the main claim

A. On December 15, 1987, the Plaintiff asserted that the land of this case was purchased at KRW 2.4 million from the deceased D.

B. Each statement (Evidence No. 1, 2, 12-2), recording (Evidence No. 12-2), and witness F’s testimony appears to conform to the above assertion. However, considering the time interval from the time when the plaintiff’s assertion was made, the above statement evidence alone is insufficient to acknowledge the fact that a sales contract had been concluded between the plaintiff and the network D, and there is no other evidence to prove it otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

3. Judgment on the conjunctive claim

A. The Plaintiff’s assertion that he/she had occupied the instant land in peace and public performance with the intent to own it for not less than 20 years, and thus, the Plaintiff sought against the Defendant the implementation of the procedure for ownership transfer registration based on the completion of the statute of limitations on December 31, 2008.

B. Determination 1) The possessor is presumed to have occupied in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Act), and the starting date of the commencement of the possession is not the choice at will in calculating the period of the acquisition by prescription, but the actual owner (where there is no change to the registration titleholder, at the time when the registration titleholder can assert the completion of the acquisition by prescription) is confirmed.