1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1 on the Plaintiff’s 274m2 in Seopopo-si C forest land in Seopo-si.

1. Basic facts

A. On July 27, 1989, the Plaintiff purchased a unregistered house (hereinafter referred to as “the instant house”) that was constructed on the land of 31 square meters (hereinafter referred to as “the instant settling part”) among the Plaintiff’s land and part of the Plaintiff’s land, the F. 161,658 square meters of the land owned by the Republic of Korea adjacent to the Plaintiff’s land, and the land of 161,658 square meters of the land owned by Seopo-si, Seopo-si, Seopo-si, the land of which was owned by the Plaintiff, and the land of 274 square meters of G, Seopo-si, the land of which was owned by the Plaintiff (hereinafter “the Defendant’s land”). On July 28, 1989, the Plaintiff purchased a unregistered house (hereinafter referred to as “the instant settling part”) that was built on the land of 31 square meters of land (hereinafter referred to as “the instant house”).

The plaintiff has resided in the instant house since July 27, 1989.

B. The defendant purchased the defendant's land in a compulsory auction procedure on July 4, 2001 and completed the registration of ownership transfer in its name on July 12, 2001.

다. 한편 위 1989. 7. 27.경부터 별지1 도면 표시 ㅍ, ㅌ, ㅋ, ㅊ, ㅈ의 각 점을 순차로 연결한 선상과 같은 도면 표시 ㄴ1, ㄷ1, ㅇ의 각 점을 순차로 연결한 선상에 돌담으로 경계가 되어 있었고, 피고 토지 중 별지1 도면 표시 ㅋ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ의 각 점을 순차로 연결한 선내 (나) 부분 60㎡(이하 ‘이 사건 계쟁 토지’라고 한다)가 이 사건 주택의 소재 및 그 사용에 필요한 대지로 이용되어 왔다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 9, and evidence Nos. 12, each of the records of this Court's request for the measurement and appraisal of each party's office return to the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. From July 27, 1989, the fact that the Plaintiff purchased the Plaintiff’s land from July 27, 1989 that occupied and used the instant dispute’s land was presumed to have occupied and used the said land, and as such, such possession is presumed to have been conducted in a peaceful and public manner with the intent to own the land in accordance with Article 197(1) of the Civil Act. Thus, the said possession is deemed to have been conducted