1. The Defendants shall acquire by prescription on October 19, 2010, with respect to the Plaintiff’s share of 1/4 of each of the 1,048 square meters in Gangseo-gu, Suwon-gun, Gangwon-do.

1. Basic facts

A. On December 24, 1953, G, the Plaintiff’s lighting division, completed the registration of transfer of ownership by recovery from M on the ground that M trading of the said land was conducted around 1949, with respect to the said land on the ground that the said land was sold in around 1949, with respect to the said land, the Plaintiff completed the registration of transfer of ownership on the said land on December 30, 1970. The Plaintiff completed the registration of transfer of ownership on the said land on December 30, 1970.

B. M completed the registration of ownership transfer on April 14, 1954 with respect to F. F. F. F. M., and on the other hand, P.O. completed the registration of ownership transfer on the said land by recovery on June 1, 1954. However, barring any special circumstance, registration of ownership transfer on the O’s name that was registered for recovery is null and void as duplicate registration.

(See Supreme Court en banc Decision 9Da66915 delivered on February 15, 2001, etc.). On December 9, 1992, the Defendants, who are M’s children, succeeded to M’s property according to the share ratio of 1/4.

[Ground of recognition] Unsatisfy, Gap 1, Gap 7, 9 through 12, and 14 (including virtual numbers), the result of the inquiry and reply to the NN of the fact (the response of July 6, 2017), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 197(1) of the Civil Act, since the possessor of an object is presumed to have occupied the object as his/her own intention, the possessor does not bear the burden of proving his/her own intention in cases of claiming the acquisition by prescription, and rather, the possessor bears the burden of proving that he/she has no intention to own it, and the possessor has the burden of proving the establishment of the acquisition by prescription against a person who denies the possession without his/her intention to own it, and where the possessor voluntarily claims the title of possession, such as sale and purchase, the presumption of possession cannot be reversed

(See Supreme Court Decisions 94Da4953 delivered on March 3, 1995, 2006Da609 delivered on September 10, 2009, etc.).