1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 21, 1980, the registration of transfer of ownership in the Plaintiff’s name was completed with respect to the land of 13,785 square meters (hereinafter “the land before the instant subdivision”) in Goung-gun, Goung-gun, which was owned by D.

B. On September 4, 1993, the land prior to the instant partition was divided into the 1,122 square meters of land for C, C, and 1,122 square meters (hereinafter “instant land”), E, forest land 4,195 square meters, and F, forest land 8,468 square meters.

C. The instant land is currently occupied by the Defendant while cultivating it as dry field.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 12, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, since the land in this case is presumed to be owned by the plaintiff, the defendant is obligated to deliver it to the plaintiff if he/she fails to assert and prove that he/she has the right to possess the land

3. Judgment on the defendant's assertion

A. The Defendant’s assertion D sold only the part of the instant land to G on March 30, 1967, and G sold it again on September 20, 197 to the Defendant.

Since then, the Plaintiff purchased the remainder of the land before the instant partition, excluding the part of the instant land, and H, at the time, was an agent of the Plaintiff, completed the registration of ownership transfer under the Plaintiff’s name on the whole land before subdivision, and subsequently, agreed to divide the instant part of the land and then

In addition, the defendant possessed the land of this case from around 1977 to the present date, and even when the land of this case is divided, the period of possession has passed 20 years.

Therefore, the Plaintiff is obligated to implement the registration procedure for transfer of ownership based on the completion of the above agreement or the prescriptive acquisition as to the land of this case. Thus, the Defendant has the authority to occupy the land.

B. 1) Evidence No. 9, Evidence No. 1, and Evidence No. 1 (including a serial number, and testimony of witness I of the trial party alone shall be the land of this case.