The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The land owned on July 26, 1941 by the network D (Before recovery of the name) of the Defendant, the Plaintiff, the father of the Defendant, was succeeded to Australia, and died without completing the registration, and the Defendant completed the registration of ownership transfer on December 20, 201, and the property tax, etc. levied on the instant land was paid by the Defendant up to now.

B. On August 19, 2009, the Defendant provided the instant land as a collateral by obtaining a loan from the G Cooperatives, and completed the registration of establishment of neighboring superficies and the registration of establishment of superficies with respect to the instant land to the G Cooperatives. On November 29, 2013, the Defendant completed the registration of establishment of neighboring superficies.

C. The Plaintiff purchased on October 16, 1970 and completed the registration of ownership transfer with respect to the above land on October 17, 1970, the Plaintiff is currently possessing the instant land by creating an orchard at the present time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 8 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff asserted that on October 16, 1970, the plaintiff purchased the land of this case from Nonparty J and occupied the land of this case in a peacefully and openly held possession of the intent to own it. However, the evidence submitted by the plaintiff alone is insufficient to recognize the purchase of the land of this case from Nonparty J and the fact that the plaintiff continuously occupied the land of this case from October 16, 1970, and there is no other evidence to acknowledge it.

Even if the Plaintiff continued to occupy the instant land from October 16, 1970, as alleged by the Plaintiff, the Plaintiff asserted that the Plaintiff purchased the instant land from Nonparty J, and thus, the details of purchase and the purchase price.