After the registration of ownership transfer has been made in the name of the defendant on September 27, 1983 under the name of the father of the defendant on September 27, 1983, the registration of ownership transfer was made in the name of the defendant on November 16, 2009.

The plaintiff currently installs a structure on the ground of the occupied area of this case, and occupies and uses it as a warehouse.

[Ground of recognition] Fact that there is no dispute, and according to the above facts finding as to the counterclaim claim as stated in Gap evidence 1, the plaintiff is obligated to deliver the occupied part of this case to the defendant and remove the ground structure, unless there are special circumstances.

As to this, the Plaintiff alleged to the effect that D was not an illegal possession since it purchased and used the portion of the instant possession on December 31, 1969, which was before D acquires ownership of the CJ 473 square meters in Daegu-gun, 1969, but the data submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the Plaintiff’s assertion is without merit.

The purport of the Plaintiff’s claim as to the claim of the principal lawsuit is that the husband E occupied the part of the instant lawsuit from December 31, 1969, and died on November 5, 201, and the Plaintiff, the inheritor, succeeded to the possession, and has occupied and used the instant land until now.

After the completion of prescription, the Defendant completed the registration of ownership transfer on the instant land on the ground of donation, but the Defendant is in the same position as D as D as the former owner.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on December 31, 1989 with respect to the part in possession of the instant case to the Plaintiff.

Judgment

In order to acquire ownership of land through completion of prescription, it is necessary to request ownership transfer registration against the owner at the time of completion of prescription that loses ownership.

(see, e.g., Supreme Court Decision 98Da59132, Feb. 23, 1999). The acquisition by prescription against real estate is the acquisition by prescription.