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1. The defendant is on the ground of the completion of the prescriptive acquisition on March 1, 1993, with respect to one-fourths of one-fourths of 135 square meters in Sinju-si.
Reasons
1. Basic facts
A. On June 25, 1926, the registration of ownership transfer was completed on May 25, 1926 in the name of D, E, F, and G under the name of the Daejeon District Court No. 6121, which was received on June 25, 1926, with respect to each 1/4 of the 1/4 square meters of C, 135 square meters (hereinafter “instant land”).
B. The Defendant, as the grandchildren of the above D, completed the registration of transfer of ownership on the ground of inheritance by consultation and division as to the 1/4 shares out of the land of this case (hereinafter “the shares of this case”). No. 4451, Mar. 2, 2005, which was received on March 2, 2005, and June 23, 1974.
C. The Plaintiff completed the registration of ownership transfer based on sale on April 10, 2008, No. 9321, No. 9321, Mar. 1, 1973, under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. According to the facts of the judgment as to the cause of the claim, Gap evidence Nos. 3 through 9, and the purport of the whole pleadings, it can be sufficiently acknowledged that the plaintiff had occupied the whole land of this case continuously for not less than 20 years from March 1, 1973 to 20 years since the registration of transfer of ownership in the plaintiff's name, which was completed with respect to 3/4 of the land of this case. Since such possession is presumed to have been made in peace and public performance with the intention of ownership (Article 197 (1) of the Civil Act), it is reasonable to view that the acquisition by prescription of the plaintiff with respect to the share of this case was completed on March 1, 1993 after the date of possession
Therefore, the Defendant, the owner of the instant share, is obligated to implement the registration procedure for ownership transfer on March 1, 1993 with respect to the said share to the Plaintiff.
3. Judgment on the defendant's assertion
A. The defendant's summary of the defendant's assertion is objection.