1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 20, 1980, the Plaintiff completed the registration of ownership transfer on the ground of sale on September 18, 1973 with respect to D’s 542 square meters (hereinafter “D’s land”).

B. On May 2, 2007, the Defendant: (a) was divided into F on November 28, 2014 with respect to the land above C-2312 square meters (hereinafter “C land”) located in Nam-si, Jeonnam-si, Jeonnam-si; (b) on November 28, 2014, the land was divided into F.

The registration of ownership transfer is completed on July 15, 1989.

C. On March 1989, while the Plaintiff resided in a house located on D’s land, the Plaintiff newly constructed a warehouse on the instant land, which is part of C’s land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, witness E's testimony, purport of whole pleading

2. The Plaintiff’s assertion was completed on March 15, 2009, after the lapse of 20 years from the date of possession, as the Plaintiff purchased D land and the instant land portion and newly built a warehouse on the instant land on March 1, 1989, and occupied it in peace and openly and openly with the intent to own it.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff on the ground of completion of prescriptive acquisition.

3. In order to complete the prescription for the acquisition by possession of the land owned by another person, the person must occupy the land in peace and openly for twenty (20) years with the intention to own the land.

The possessor’s possession is presumed to be an autonomous, good faith, peace, and public performance possession, but where it is proved that the possessor has occupied an immovable property owned by another person without permission with knowledge of the absence of legal requirements such as a juristic act which may cause the acquisition of ownership at the time of the commencement of possession, barring special circumstances, the possessor shall be deemed not to have the intention to reject the ownership of another person and to occupy it. Thus, the presumption of possession with the intent to own is broken.

Supreme Court Decision 2009Da59978 Decided January 28, 2010 and Supreme Court Decision 2009Da5978.