1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On May 12, 1987, the Plaintiff completed the registration of ownership transfer with respect to the land of 588 square meters in Seongdong-gu, Changwon-gu, Changwon-si, Sungwon-si, Sungwon-si, 58 square meters, D 251 square meters in size, E 436

Part of the land in the said C is divided into the land of 61 square meters in F 61 square meters and G 96 square meters in April 24, 2013, and the area of the land in C was 431 square meters in the area of the land since it was divided into the land in G 96 square meters.

B. J on February 10, 1950, the status quo owned by the Plaintiff.

On June 22, 1994, K completed the registration of ownership transfer based on the inheritance of property due to the consultation division, L on December 28, 1994, and the registration of ownership transfer based on the sale on August 27, 1996, which was completed by the Defendant on August 27, 1996.

The above H large 393 square meters and M large 298 square meters were merged on November 5, 1996, and H large 691 square meters (hereinafter “Defendant’s land”). The Defendant is residing in the above land-based housing, and the said land-based housing is located.

항 기재 토지 중 청구취지 기재 토지{㈁, ㈃, ㈄, ㈆ 토지, 이하 ‘이 사건 토지’라고 한다}를 점유하고 있다.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 11, Eul evidence and images No. 1, the result of on-site inspection conducted by the court of first instance, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to deliver the land of this case to the plaintiff, and return unjust enrichment equivalent to the rent that the plaintiff seeks after the defendant occupied the land.

3. Judgment on the defendant's defenses by prescription

A. The gist of the defendant's defense is that the defendant succeeded to the possession of the previous possessor of the land of this case and occupied the land of this case in a peaceful and public performance for twenty years as to the intention to own the land of this case and acquired the land of this case by prescription

B. A person who asserts the legal doctrine regarding the Defendant’s defense 1-related legal doctrine is the owner during the period of possession.