The Defendant newly constructed a building on the instant land (hereinafter “instant building”). The part (D) part of the building (hereinafter “the instant part”) connected with the instant land in sequence 21, 22, 23, 10, and 21, which is owned by the Defendant, as the owner of the building on the instant land (hereinafter “instant building”). The part (c) of the instant part of the building (hereinafter “the instant part”) connected with the indication of the attached drawing to the instant land (hereinafter “the instant part”) was built by erosioning the instant land. The Defendant occupied the instant land in sequenced with the indication of 12,13, 14, 15, 16, 23, 10, and 12 in sequence connected with the said drawing (B) and 17, 18, 19, 20, 17 in sequence.

【In light of the facts found in the evidence Nos. 1 through 7 (including all of the identifications) and images of the evidence Nos. 1 through 7 (including the identifications), the results of the request for surveying and appraisal by the Korea Land Information Corporation, and the purport of the entire pleadings, the Defendant is obligated to remove the parts of the building of this case to the Plaintiff, and deliver each of the lands of this case (b) and (c) to the Plaintiff, unless there are special circumstances.

The summary of the defense of the defendant's defense has been occupied by the defendant from 1968 to the land of the building of this case and the land of (b) and (c) as the intention to own the land, so the acquisition by prescription of possession of each of the above land was completed.

Judgment

Even if the acquisition by prescription of possession of each of the above lands from around 1968 by the defendant has been completed, if the transfer registration of ownership has been completed to a third party with respect to such real estate, the possessor cannot oppose the said third party.

Supreme Court Decision 97Da56495 delivered on April 10, 1998