1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 3, 1949, the registration of initial ownership was completed in the name of two circles with respect to F. F. 674 square meters (2,228 square meters; hereinafter “land before division”) in Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do. After the registration of initial ownership was completed on August 3, 1949, the registration of changes in the name of the above two circles was completed on August 23, 2001.

B. Of the land before subdivision, 540 square meters was incorporated into a road site, the land was divided into Dong-dong G on January 11, 1996 and 1,68 square meters among the land before subdivision (hereinafter “land after subdivision”) remains in the name of the defendant.

(hereinafter referred to as “instant land” in the total sum of land before and after subdivision.

H purchased the land before subdivision from I on February 19, 1971, and occupied green farmers of this case’s land from around that time to November 20, 2006. After H died, the Plaintiffs, the heir of H, inherited the above possession and have melted the above land until now.

Meanwhile, Plaintiff A is the spouse of the network H, and Plaintiff B, D, E, and C are children of the network H.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 11, and 13 (including branch numbers, if any), the testimony by the witness J of the first instance court, the result of the appraisal of documents by the appraiser K and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. We examine the determination of the cause of the claim, and the fact that the deceased H occupied the instant land for at least 20 years from February 19, 1971 to the time of death is presumed as above. Since the possession of the deceased H is presumed to have been peaceful and publicly performed as its owner’s intent, the deceased H acquired the land after subdivision around February 19, 191, when 20 years have passed from the date of the above possession.

Therefore, barring special circumstances, the Defendant’s share in inheritance (Plaintiff A3/11, and the remaining Plaintiffs 2/11) among the land after the split-off to the Plaintiffs, who are the deceased H’s heir, is based on the completion of the prescriptive acquisition on February 19, 191.