1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion was that the Plaintiff occupied the C Apartment-si Factory D (hereinafter “instant apartment”) with the intention to own it for at least 20 years until August 31, 2017, and the Defendant should transfer the ownership of the instant apartment on the ground of the completion of the statute of limitations for the acquisition of possession.

2. Determination

(a) A person who possesses real estate in peace and openly with the intention of possession for twenty years shall acquire its ownership by registering it;

(Article 245(1) of the Civil Act. Article 197(1) of the Civil Act is presumed to have been occupied as an owner’s intention. As such, in cases where the possessor asserts the acquisition by prescription, he/she does not bear the burden of proving his/her intention to own. Rather, he/she bears the burden of proving that the possessor’s possession is an occupation without the intention to own.

Whether or not the possessor’s possession is an independent possession with the intention of possession or with the intention of possession without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of possession or the possession, it should be determined externally and objectively. As such, if it is proved that the possessor acquired the possession on the basis of the source of right in which the possessor is deemed to have no intention of ownership due to its nature, its presumption is broken.

(Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997). B.

In full view of the evidence evidence Nos. 1-5 and evidence Nos. 1-4, 6, 10-13, the Plaintiff leased the instant apartment from E as a broker of the Defendant, a licensed real estate agent, on September 1, 2003. The Defendant purchased the instant apartment under the condition that he succeeds to a lessor’s status from E on June 30, 2008, and completed the registration of ownership transfer on July 30, 2008. The Plaintiff set the lease term on July 30, 2014 with the Defendant and the instant apartment from July 29, 2016.