소유권이전등기
1. The defendant is on the ground of the completion of the prescriptive acquisition on March 27, 2006 with respect to the land size of 252 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
1. The Plaintiff is the owner of 185 square meters (hereinafter “instant D”) in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the Defendant is the owner of the land indicated in paragraph (1) of the same Article (hereinafter “instant land”). The Defendant is the owner of the land indicated in paragraph (1) of the same Article (hereinafter “instant land”).
On the land of this case and the E site adjacent thereto, two debt-free buildings (hereinafter referred to as “each building of this case”) are located, and all the Plaintiff’s network F (hereinafter referred to as “the deceased”) was constructed around 1952, and is currently owned by the Plaintiff.
One of the buildings in this case is located on the land in this case, and most of the adjacent one is located on the land in this case, and only part of which is located on the E site.
[Reasons for Recognition] In the absence of dispute, the result of the on-site inspection by this Court, Evidence A Nos. 1 and 2-4
2. Determination as to the cause of action
A. The gist of the party’s assertion is that the Plaintiff’s possession of the instant land was completed at the expiration of 20 years from the time when the Deceased occupied the instant land by constructing and owning each of the instant buildings. Accordingly, the Plaintiff asserted that the period of prescriptive acquisition has been completed by the Deceased and the Plaintiff, his heir, for twenty (20) years again from the time when the owner of the instant land was changed. On the other hand, the Defendant’s possession of the deceased or the Plaintiff was the owner of the instant land, and as the ownership of the instant land was changed several times during the period of possession of the Plaintiff, the deceased and the Plaintiff’s heir, as the ownership of the instant land was changed, the starting point of prescriptive acquisition cannot be selected arbitrarily, and the Plaintiff cannot claim
(b) Determination - The possession of the acquisition by prescription is presumed to have been occupied in good faith, peace, and public performance by the owner’s will (Article 197(1) of the Civil Code), and peace as the owner’s will for twenty (20) years.