1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 25, 6, 7, 8.8.

The fact that the Plaintiff is an owner of the area of 79 square meters in Nam-gu Incheon Metropolitan City D Road, and the fact that Defendant B, the owner of the area of 1,788 square meters in neighboring land, installed a fence and a fence on the instant land owned by the Plaintiff from May 22, 1986 to May 22, 1986 at the time of purchase of the instant land, which is part of the instant land owned by the Plaintiff, and possessed and used the fence

The Plaintiff filed a lawsuit against the Defendants as the principal lawsuit seeking the removal of the aforementioned fence and chemical group, the delivery of the instant land, and the return of unjust enrichment from the possession and use of the instant land. The Defendants seek the implementation of the procedure for ownership transfer registration on the instant land as a counterclaim with respect to the defense of prescriptive acquisition.

As seen earlier, Defendant B, from May 22, 1986, installed a fence and a fence and occupied them on the instant land from around May 2, 1986. As such, it is presumed that the above Defendant occupied the instant land in a peaceful and public performance manner with its intent to own the instant land, barring any special circumstance, it shall be deemed that the prescriptive acquisition of the instant land was completed on May 22, 2006 after 20 years from the said date, barring any special circumstance.

Therefore, the Plaintiff is obligated to implement the procedure for the registration of ownership transfer based on the completion of the prescriptive acquisition with respect to the instant land, and the Plaintiff, who is obligated to do so, cannot seek a return of unjust enrichment from possession against the Defendants.

As a result, the plaintiff's main claim is without merit.

As to this, the Plaintiff asserts that the Defendant’s assertion on the prescriptive acquisition is groundless since the Defendant B’s possession of the instant land was an unauthorized possession, which was commenced with the knowledge that it is not his own possession.

In full view of the purport of the entire pleadings in the statement in the evidence Nos. 1 through 17, the fact that at the time when Defendant B purchased the above land, the area on the land cadastre was 2,489 square meters, and that it was owned by the Plaintiff.