1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, evidence 8, evidence 12, evidence 14, evidence 1-1, evidence 2, and evidence 3, and evidence 1-1, evidence 2, and evidence 3, respectively.

The non-party D (hereinafter “the deceased”) was the owner of 393 square meters in Seocheon-gun, Seocheon-gun (hereinafter “the instant real estate”). The deceased died on May 11, 2006, and the Defendant (the appointed party; hereinafter “Defendant”) who is the deceased’s child, E, F, G, and H inherited the deceased, respectively.

B. On January 30, 1963, Nonparty I opened possession of the instant real estate at the entrance of the J land in Ycheon-gun, Gangwon-gun, Gangwon-do, Gangwon-do, which was adjacent to the instant real estate on January 30, 1963, at the time of completing the registration of ownership transfer by purchasing the land from J land in Ycheon-gun, Gangwon-gun, Gangwon-do, 1976.

C. On June 11, 2016, the Plaintiff purchased Gangwon-gunJ and K land from Nonparty I and completed the registration of ownership transfer on August 4, 2016. On August 4, 2016, the Plaintiff drafted a letter of assignment of possessory right and succession to the effect that the possession of the instant real estate is transferred to the Plaintiff between Nonparty I and Nonparty I.

2. Determination

A. The Plaintiff asserted that, since Nonparty I occupied the instant real estate in peace and public performance from January 30, 1963 with his intention to own it, the acquisition by prescription was completed on January 30, 1983, and the Plaintiff succeeded to the possession of the instant real estate from Nonparty I, the Defendant and the designated parties who succeeded to the ownership of the instant real estate, are liable to implement the procedure for the registration of ownership transfer on January 30, 1983 with respect to the instant real estate.

On this issue, the defendant defense that Nonparty I is the other owner of the real estate in this case.

B. Determination of the Civil Code