2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. The 790 square meters prior to Gyeongnam-gun, Namnam-gun (hereinafter “instant land”) are land under the circumstances of MaD on September 15, 1914, and the Defendant applied for registration of change of the owner’s name on the registry around July 2, 1993 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 4502, Jan. 1, 1993) along with a certificate to purchase the said land from D on April 20, 1983, and completed registration of preservation of ownership on August 9, 1993.

On May 13, 2011, the Defendant sold the instant land to E and completed the registration of ownership transfer on the same day, and E again sold the instant land to F on March 7, 2017, and completed the registration of ownership transfer on March 20, 2017.

B. Meanwhile, before the Defendant completed the registration of preservation of ownership, the Plaintiff cultivated approximately 40 square meters of the remaining end of the land of this case (hereinafter “the part of the instant possession”) as farmland in the attached Form 40 square meters (hereinafter “the part of the instant possession”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the acquisition by prescription was completed, since 1953, by occupying the occupied portion of the instant case with the intention of ownership for at least 20 years.

The Defendant knowingly knowingly sold the instant land to E, thereby causing damages to the Plaintiff who lost his right to the occupied portion of the instant land.

Therefore, the defendant is liable to compensate the plaintiff for damages suffered by the plaintiff due to the above tort, and the plaintiff's damages are equivalent to 12,360,000 won, which is the market price of the occupied part of this case. Thus, the defendant shall pay 12,360,000 won and delay damages to the plaintiff.

B. (1) In the event that the acquisition by prescription for real estate is completed after the acquisition by prescription for the possession of the real estate, or before filing a request for the registration of ownership transfer, the owner of the real estate, who is the registered titleholder, shall acquire by prescription, barring special circumstances.