1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion and the Plaintiff’s spouse net F, at least from April 10, 1984, occupied each land indicated in the purport of the claim (hereinafter “each land of this case”) in a peaceful and public performance manner with the intent of ownership. Since November 27, 2007 when the F died, the prescription period for acquisition of possession was completed as of April 10, 2004, by succession to F’s possession by the Plaintiff solely, and possession by the Plaintiff was completed.

However, each of the instant lands was restored on May 1, 1955 after the cadastral record was destroyed, but the land cadastre was written only as H and I, in the name column of the owner of the land cadastre, G and two other and the address column.

However, the matters regarding the owner of such land cadastre are not recognized as the presumption of right, and the land of this case is eventually owned by the defendant as the non-real estate. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership on April 10, 2004 with respect to each of the land of this case to the plaintiff.

2. Determination

A. Even if the period of prescriptive acquisition as prescribed by Article 245(1) of the Civil Act has expired, the acquisition of ownership does not take effect immediately by itself, and the right to claim registration for the acquisition of ownership may arise on the ground thereof. As such, in the case of unregistered real estate, the possessor cannot be deemed to have acquired ownership even without registration only by the completion of the period of prescriptive acquisition

(See Supreme Court Decision 94Da39123 Decided May 9, 1995, Supreme Court Decision 2006Da22074, 22081 Decided September 28, 2006, Supreme Court Decision 2009Da9218 Decided May 14, 2009, etc.). Therefore, in order to acquire the ownership of land through the completion of prescriptive acquisition, as a matter of principle, a claim for ownership transfer registration against the owner at the time of the completion of prescription, which would lose ownership, should be made, and it does not change in the case of unregistered real estate, and the acquisition by prescription is based on the completion of prescriptive acquisition against a third party.