A. On June 1982, 1982, the Plaintiff purchased C large 77 square meters and D large 119 square meters and completed the registration of ownership transfer.

B. Around 1982, the Plaintiff newly constructed a building on each of the above land (hereinafter “instant building”). A part of the building is located on the ground of 56 square meters in part of 12, 13, 19, 20, and 12, in order of the attached Table No. 12, 13, 19, 20, and 12, among the attached Table No. 253 square meters in Chungcheongnam-gun, Chungcheongnam-gun, the neighboring land owned by the Defendant.

원고는 그 무렵부터 위 'ㄱ'부분을 포함하여 위 토지 중 별지 감정참고도 표시 7, 11, 10, 13, 19, 9, 8, 7을 차례로 연결한 선내 ㈏부분 73㎡(이하 ‘이 사건 토지 부분’이라 한다)를 위 건물의 부지로 점유하여 왔다.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 6 evidence, result of field inspection by this court, result of surveying and appraisal by the Korea Land Information Corporation, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is recognized to have acquired the land portion of this case on September 14, 2002, as alleged by the plaintiff, and the defendant is obligated to implement the procedure for the registration of transfer of ownership due to the completion of the acquisition by prescription as to the land portion of this case.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion is that the area of the instant building is 82 square meters and exceeds 68.5 square meters, which is the Plaintiff’s application area, and that is more than half of the building area, is located in the instant part of the instant land owned by the Defendant. As such, the Plaintiff’s possession of the said part of the said land is an owner.

B. The following circumstances, which are acknowledged by the reasoning of each entry and pleading in Gap's evidence Nos. 1 through 5, namely, the purchase of each of the above C and D's lands on June 1982, and the construction of the building of this case upon obtaining a building permit on July 5, 1982. The construction of the building of this case appears to have been conducted two times by requesting the cadastral division of the assigned military.