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

2. Determination

A. According to the above facts of recognition, the Defendant, barring any special circumstance, is obligated to implement the registration procedure for transfer of ownership on January 25, 2016 with respect to the portion of 43.654/22,809, out of the 22,809 square meters in Seocheon-si B, Seocheon-si, Busan, the Defendant, barring any special circumstance.

B. On February 7, 2003, the defendant alleged that the plaintiff obtained a loan from the Bank of Korea as collateral to the building of this case and confirmed that the land of this case was owned by the defendant. Thus, the plaintiff's presumption of autonomous possession was broken. However, such circumstance alone is difficult to view that the presumption of autonomous possession was reversed, and it was proved that the plaintiff acquired the possession on the basis of the title that the plaintiff did not have an intention to own in light of the nature of the presumption of autonomous possession.

There is no evidence to acknowledge that there is an objective circumstance that can not be viewed as possessing with an intention to exercise exclusive control like one's own property by excluding ownership of another person. Thus, the defendant's above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.