1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 1, 1970, the Plaintiff purchased 129 square meters (hereinafter “D land”) from Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-do (hereinafter “Seoul-do”) and completed the registration of ownership transfer on September 10, 1979.

B. On September 17, 1979, the Plaintiff newly constructed a two-story building (a building area of 87.11 square meters; hereinafter “instant building”) on D’s land by obtaining a building permit on March 2, 1981, and completed registration of initial ownership on September 29, 1988.

C. However, since the building was constructed on March 2, 1981, it was confirmed that not only D land, but also 19 square meters (the Defendant completed the registration of preservation of ownership on February 24, 1972; hereinafter “B”) in the attached Form No. A, B, C, D, E, and A, which connected each point in the adjacent map No. 19 square meters (hereinafter “instant land”).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 9, Eul evidence Nos. 1, 2 and 3 (including each number; hereinafter the same shall apply), Gap evidence Nos. 5 and 11, the result of the survey and appraisal conducted by the appraiser E of the first instance court, and the result of the fact inquiry conducted by the court of first instance and the appellate court to the old group of the first instance court, the purport of the entire pleadings as a whole.

2. The plaintiff's assertion completed the prescriptive acquisition on March 2, 2001, after 200 years from the date of possession, since the plaintiff occupied the land of this case in peace and openly as owner's intention from March 2, 1981.

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. Determination as to the cause of action

(a) in order to complete the acquisition by prescription of possession of the land owned by another person under the relevant law, it must be occupied in peace and openly for twenty (20) years with the intention to own the land;

The possession of the possessor is presumed to be an possession with independence, good faith, peace, and public performance, but the possessor is the possessor.