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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s attached network D (hereinafter “the network”) had cultivated from around 1950 to around 1950 by owning approximately KRW 678 square meters of E forest, F forest, 96 square meters of F forest, G 43 square meters of land, and H 516 square meters of land in the instant case.
B. The Defendant is the owner who completed the registration of ownership transfer on October 4, 1977 with respect to the land of this case on September 30, 1977.
C. The Deceased died on August 28, 1998.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The deceased, a summary of the Plaintiff’s assertion, occupied the instant land from October 4, 197 to 1998, when the Defendant acquired the ownership of the instant land from October 4, 1977 to the time of death. The Plaintiff inherited the deceased and occupied the instant land until then. As such, the Plaintiff occupied the instant land in peace and public performance with the intent to own it for at least 20 years including the period of occupation of the deceased and completed the prescription period, the Defendant is obliged to implement the procedure for the registration of ownership transfer on the instant land as of October 11, 2016.
B. Relevant legal principles 1) If a registrant continues to be the same during the period of prescriptive acquisition, it would be sufficient to deem the starting point of counting between where the starting point of the acquisition by prescription is located and determine the expiration of the period. Thus, even in cases where the total period of the possession of the former possessor has elapsed 20 years by succession, the former possessor may take the starting point of counting from the commencement of possession (see Supreme Court Decisions 88Da22763, Jan. 25, 1990; 92Da12377, Jan. 15, 1993; 92Da12377, Jan. 15, 1993).