2. The costs of lawsuit shall be borne by the Plaintiff.

The B cemetery 1,633 square meters (hereinafter “instant land”) which is unregistered land, was acquired on April 10, 1935 by the Plaintiff’s assistance team C, and thereafter, the Plaintiff received the gift from the deceased C, and possessed it in peace and public performance with the intention to own it for at least 20 years.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 14, 2018 with respect to the instant land to the Plaintiff.

Judgment

Article 245(1) of the Civil Act provides that “A person who occupies real estate in peace and openly with the intention of ownership for 20 years shall acquire ownership by registering it.” Thus, in order to acquire ownership of land through the completion of prescription, the method of filing a request for registration of ownership transfer against the owner at the time of completion of prescription, who would lose ownership due to the completion of prescription

(see, e.g., Supreme Court Decision 2012Da5834, Sept. 13, 2013). However, in full view of the purport of the entire pleadings in the description of evidence No. 1, the following facts are recognized.

① Although the land of this case was owned by the clan D (hereinafter “non-party clan”), the non-party clan entrusted the name of the owner to the deceased E (Death on April 13, 1931) and the deceased E was registered as the owner on the registry of the land of this case on February 5, 1914.

② On July 2, 2009, Nonparty 1 expressed his intention of termination of title trust to the end-heirs of the deceased E, and accordingly, in the Daejeon District Court case No. 2009Kadan5189, the deceased E’s heir (the Defendants of this case) will implement the registration procedure for transfer of ownership on July 2, 2009 with respect to each inheritance of the land of this case to the non-party clan on July 2, 2009.

The judgment of "(1)" was rendered on February 9, 2010, which became final and conclusive.

According to the above facts, the acquisition by prescription of possession of the Plaintiff’s land of this case has been completed as alleged by the Plaintiff.