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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 2, 1984, E, the Plaintiff’s mother, purchased from G 393 square meters a FJ 393 square meters, and completed the registration of ownership transfer on September 29, 1994. (2) The Defendant’s father C completed the registration of ownership transfer on September 29, 1994 with respect to the land adjacent to the above FF large 393 square meters, HJ 926 square meters, Jeonnam-gun, Jeonnam-gun, the land adjacent to the above FF 393 square meters.
3) On April 3, 2012, the said C divided H 926 square meters into H large 721 square meters and D large 205 square meters. (4) On October 16, 2013, the said C donated the Defendant, who is a son, of H large 721 square meters and D large 205 square meters, with respect to each of the said land in the name of the Defendant on the same day.
5 The Plaintiff, on April 7, 2015, donated F 393 square meters from Jeonnam-gun, Jeonnam-gun, and completed the registration of ownership transfer on April 10, 2015.
H H D
B. 1) The current status of land is the same as the adjacent drawings with H 721 square meters and D 205 square meters in the area of both land. However, cement brick fences are installed in the boundary area of both land. 2) The unregistered warehouse building newly built by E exists on the ground of the above D large 205 square meters in the above D large 205 square meters. The Plaintiff currently occupies and uses the above unregistered warehouse.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, evidence 7, 8 (including branch numbers for those with additional numbers), Eul evidence 1, and the purport of the whole pleadings
2. The Plaintiff’s assertion as the cause of the Plaintiff’s claim completed the prescription of acquisition by occupying the instant land in peace and openly and for 20 years from October 2, 2004, after purchasing D & D 205 square meters adjacent thereto (hereinafter “instant land”) and building unregistered on the ground of this case, which had been purchased from I, and then removing unregistered buildings on the ground of this case and constructing a warehouse. The Plaintiff completed the prescription of acquisition by occupying the instant land in a peaceful and openly from E on April 7, 2015, by occupying the instant land as the owner’s intent to own the instant land for 20 years or longer from October 2, 2004.