2. The Defendants are listed in the separate sheet to the Plaintiff.

A. On March 5, 1948, J purchased each real estate listed in the separate sheet (hereinafter “instant land”) and had K of a person interested in a human-friendly relationship cultivate the said land after completing the registration of ownership transfer on February 25, 1949.

B. On March 3, 1980, the Plaintiff married with L, a son of K (Death on March 3, 1987) and occupied and used the instant land while cultivating the instant land until now, and paid aggregate land tax, etc.

C. The J died on April 16, 1987 and succeeded to each of the 1/8 shares of the Defendants, who are their children.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2 and 5 (including each number; hereinafter the same shall apply), witness M and N's testimony, the purport of the whole pleadings

2. Judgment as to the main claim

가. 원고의 주장 J는 조카뻘인 L가 사망한 직후 그 처인 원고와 자녀들의 생계를 위하여 1987. 3. 7. 원고에게 이 사건 토지를 증여하였다.

B. The above evidence alone is insufficient to recognize that the Plaintiff was directly donated the instant land, and there is no other evidence to acknowledge otherwise. The statement and testimony of M are merely the purport of “a fact confirmation (No. 2) written by L, who is the subject of judgment, that the Plaintiff was to transfer the ownership of the instant land in the name of J (other than the Plaintiff).”

Therefore, the plaintiff's claim for this part is without merit.

3. Judgment on the conjunctive claim

A. The Plaintiff’s assertion has occupied the instant land in peace and public performance with the intent to own it for not less than 20 years, and thus, the Plaintiff sought against the Defendants implementation of the procedure for ownership transfer registration on March 7, 2007 due to the completion of the statute of limitations for possession.

(b) Determination 1) The possessor is presumed to have occupied in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Code), and in calculating the period of prescriptive acquisition, the initial date of commencing the possession is not the choice at will, but the actual owner (where there is no change to the registrant).