1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 18, 1981, the Plaintiff and the Defendant completed the registration of ownership transfer with respect to one-half of each of the 992 square meters of land (hereinafter “instant land”).

B. From June 18, 1981, the Plaintiff was shouldered in the instant land and occupied and used the instant land.

【Non-contentious facts, Gap evidence Nos. 1, 2, 5 (including each number in the case of provisional number), Eul evidence No. 2, and the purport of the whole pleadings

2. The plaintiff asserted that he occupied the land of this case in a peaceful and public performance manner with his own intent from June 18, 1981.

Therefore, on June 18, 2001, 200 years after the above date, the acquisition by prescription of the plaintiff as to the defendant's share in the land of this case was completed. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the acquisition by prescription with respect to the defendant's share in the land

3. Determination

A. Even if one of the co-owners occupies all of the co-owners, barring any special circumstance, the pertinent legal doctrine-sharing real estate shall be deemed to be the possession of another co-owner within the scope of his/her share ratio due to the nature of the title

(See Supreme Court Decision 95Da51861 delivered on July 26, 1996). In order to convert the possession of the other party into the possession with an independent possession, the person who possesses the other party with a new title shall express his/her intention to own the other party with a new title, and the burden of proof for the transition shall be borne by the occupant who asserts it.

(See Supreme Court Decision 67Da2862 Decided April 30, 1968, Supreme Court Decision 94Da48165 Decided February 28, 1995, Supreme Court Decision 2008Da27752 Decided September 25, 2008, etc.)

As recognized in the above facts of the judgment on the instant case, as long as the Plaintiff and the Defendant completed the registration of ownership transfer on June 18, 1981 with respect to the instant real estate on one-half shares, the Plaintiff occupied all of the instant land from that time.