소유권이전등기
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Around January 25, 1947, the Plaintiff’s assistance in the Plaintiff’s assertion D (the death of June 8, 1961) purchased the instant land from E and F, part of the land owned by the Defendant, and transferred the Plaintiff’s ownership to G (the death of November 3, 1978). The deceased donated the instant land to the Plaintiff around the end of March 1976.
Since then, the Plaintiff occupied and used the instant land as a dry field, and leased the instant land to H around 1984. H resided in a newly constructed prefabricated-type housing building (hereinafter “instant building”) on some of the instant land on the ground, while occupying and using the instant land as a dry field, and paying the Plaintiff the price for using the instant land until November 2015, while occupying and using the instant land as a dry field.
H around November 2015, after selling the instant building to I, transferred possession to I. The Plaintiff leased the instant land to I and received the price for the use of the said land from I until November 2016.
I sold the instant building to J on November 2016, and transferred the possession thereof. At around that time, the Plaintiff leased the instant land to J and received the price for the use of the said land from J during the recent period.
Therefore, from the end of March 1976 where the Plaintiff received donation of the instant land from the deceased G, the Plaintiff continued to possess the said land in a peaceful and performing manner with the intention to own it, or indirectly occupied it through H, I, and J, etc. As such, the Plaintiff’s acquisition by prescription on October 15, 2018, which was the starting date of the possession of the Plaintiff’s arbitrary choice during the said period, was completed on October 15, 2018, when 20 years elapsed since October 15, 1998, which was the starting date of the possession of the instant land. The Defendant is obliged to implement the registration procedure for ownership transfer on the instant land
2. Determination
A. In order to recognize the prescriptive acquisition of part of one parcel of land, the part is separated from other parts.