A. On July 4, 2011, the Plaintiff completed the registration of transfer of ownership based on sale with respect to C orchard 3,594 square meters (hereinafter “land 1”).

B. On August 31, 1981, the Defendant completed the registration of preservation of ownership with respect to D forest land 4,602 square meters (hereinafter “second-party land”) in Seopopo-si, Seopo-si, Seopo-si, and planted fruit trees on the second land.

C. On May 13, 1982, the Defendant purchased approximately KRW 75 square meters from E, the former owner of land No. 1, and from around that time, he/she occupied and used the instant land portion by planting fruit trees on the ground of (B) part of the ship connecting each point of the attached Form No. 1, 2, 3, 4, 5, and 1 among the land No. 1, and 216 square meters (hereinafter “the instant part of land”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including documentary evidence attached with a serial number), the purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

A. According to the facts of recognition as to the cause of the principal claim, the Defendant, who occupies the part of the land of this case among the land of this case, is obligated to collect trees planted on the ground of the land of this case among the land of this case from the Plaintiff, the land owner, and deliver the part of this case to the Plaintiff, except in extenuating circumstances.

B. (1) As to the Defendant’s assertion as to the principal lawsuit and the cause of the counterclaim, the Defendant, which caused the Defendant’s claim as to the principal lawsuit and the cause of the counterclaim, possessed the part of the instant land from the time on May 13, 1982 by purchasing the part of the instant land from the former owner of the land on May 13, 1982, and for the peace and public performance of the part on the instant land. As such, the prescriptive acquisition as to the instant land was completed on May 13, 2002 after

(2) If a third party completes the registration of ownership transfer after the expiration of the period of prescription for possession acquisition, such third party is due to the expiration of the period of prescription.