1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

On March 27, 1960, the Plaintiff’s father C purchased and cultivated 165 square meters (hereinafter “instant land”) from the Defendant for the 165 square meters (hereinafter “instant land”).

On March 27, 1975, the plaintiff donated this to the plaintiff, and since the plaintiff cultivated the land of this case and occupied it in peace and openly with the intention to own it, the prescriptive acquisition has been completed.

Meanwhile, the real estate in the attached list No. 2, which was divided into the instant land, is incorporated into the E-river Maintenance Work Project Plan, and the Daegu Metropolitan City achievement Group deposited KRW 26,398,000 as the deposited money by the Defendant (Seoul District Court Seo-gu District Court Decision 2018Hun-Ga2).

Therefore, the Defendant, on March 27, 1980, performed the registration procedure for transfer of ownership on the real estate stated in paragraph (1) of the Attached List, divided from the instant land, on the ground of the completion of the prescriptive acquisition on March 27, 1980, and declared the transfer of the claim for transfer of the deposited money claim as to the compensation for expropriation of real estate deposited by the Daegu Metropolitan City achieved Group, and is obligated

Judgment

Generally, barring special circumstances, it is reasonable to presume that the Plaintiff is a deceased person, and that the Defendant is a deceased person, and that the person of such age is alive, barring special circumstances. However, it is very rare example that the Defendant’s survival of a person over 110 years of age belongs to very rare practices, and in the event that the Defendant is easily deemed to have already died before filing the instant lawsuit, the fact of death may be sufficiently ratified.

(See Supreme Court Decision 2002Da5873 delivered on April 26, 2002, etc.). In full view of the fact-finding results on the Franchi Office of this Court, the Defendant’s age at the time when the instant lawsuit was filed by Gins falls under the age of 148 when the instant lawsuit was filed.