1. The defendant is based on the completion of the prescriptive acquisition on August 29, 200 with respect to the land size of 681 square meters in Sung-gun, Sung-gun, Sung-gun, Chungcheongnam-do.

1. Facts of recognition;

A. On December 26, 1975, the Defendant completed the registration of ownership transfer on the ground of sale on January 9, 1963 with respect to the land of 681m2 (hereinafter “instant land”).

B. The Plaintiff’s father D occupied the instant land from around August 30, 1980.

The Plaintiff is occupying the instant land from July 16, 2002 when the deceased D died to the date of the closing of the instant argument.

C. On June 15, 2019, the deceased D’s successors agreed on the division of inherited property with the content that the instant land owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 12, 14, 16 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D, around August 30, 1980, occupied the instant real estate in peace and public performance with the intent to own it for at least 20 years after purchasing the instant land from the Defendant.

Therefore, the Defendant, as the heir of the deceased D, should implement the registration procedure for transfer of ownership based on the completion of prescriptive acquisition with respect to the instant land.

B. The defendant's assertion that the defendant did not sell the land of this case to the network D.

Nevertheless, since the network D occupied the land of this case in bad faith, it cannot be deemed that the network D occupied the land of this case frequently.

Therefore, the plaintiff's claim should be dismissed.

3. Determination

A. As seen earlier, the network D occupied the instant land from August 30, 1980.

Since the possessor is presumed to have occupied the land in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Act), barring any special circumstance, it shall be deemed that the acquisition by prescription of the networkD on the land of this case has been completed due to the lapse of 20 years from August 30, 1980.

B. As to this, the defendant did not sell the land of this case to the deceased D in bad faith.