1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 3, 2005, the Plaintiff completed the registration of ownership transfer made on February 25, 2005 in the name of the Plaintiff on March 25, 2005 with respect to the land of Sejong Special Self-Governing City C, 261 square meters (hereinafter “Plaintiff’s land”).

On June 1, 2002, the defendant completed the registration of ownership transfer on October 20, 1986 with respect to D large 310 square meters (hereinafter referred to as "Defendant's land") in the name of Sejong Special Self-Governing City, based on inheritance by consultation and division.

A building on the ground of the Defendant’s land (hereinafter “Defendant’s building”) was newly constructed around May 15, 1992 and was living in the above building. A part of the building and the stairs attached thereto were built on the part of the Plaintiff’s land as indicated in the annexed drawing.

【In light of the facts without any dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the result of this court’s request for surveying and appraisal of the Korea Land Information Corporation, the purport of the entire pleadings, as a result of the Defendant’s possession and use of the dispute without permission, thereby hindering the exercise of the Plaintiff’s ownership to the plaintiff’s land. Thus, barring any special circumstance, the Defendant is obligated to deliver the part of the dispute to the plaintiff, remove the above ground buildings and stairs, and return unjust enrichment from possession.

On May 15, 1992, the defendant's defense is defense that the plaintiff's claim cannot be complied with since the construction of the defendant's building on or around May 15, 1992, since the acquisition by prescription has been completed by occupying the dispute over over twenty years.

Upon completion of the prescriptive acquisition for real estate, the possessor may request the title holder to implement the procedure for ownership transfer registration due to the completion of the prescriptive acquisition, and the title holder is obligated to comply with it, so even if the possessor fails to complete the ownership transfer registration under his/her name, and thus he/she did not acquire the ownership.