1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The facts following the facts are recognized as either a dispute between the parties, or as a whole by taking account of the respective descriptions and arguments set forth in No. 4-1 and No. 2.

A. On December 5, 1970, with respect to the Seo-gu Busan, Seo-gu 115.7 square meters (hereinafter all land shall be specified as a parcel of land only), the registration of ownership transfer was made on September 11, 1948 under the name of the defendant on September 11, 1948. Of these, with respect to the portion of 105 percent, the registration of ownership transfer was made on September 8, 1989 under the name of C on October 17, 1989 on which the registration of ownership transfer was made on September 8, 1989 under the name of the heir on May 11, 2002.

B. On December 5, 1970, the registration of ownership transfer was made under the name of the Defendant on September 11, 1948 under the name of the Defendant on December 5, 1970, and on April 20, 2005, the registration of ownership transfer was made on June 11, 2001 under the name of the Plaintiff on June 11, 2001, and the registration of ownership transfer was made under the name of F on December 7, 2009 on the same day.

2. On April 1, 1986, the Plaintiff’s husband’s husband He purchased B land, E land, and above ground from H from H on April 1, 1986, and occupied B land, E, and it thereafter from that time, and died on December 1, 199, and the Plaintiff inherited the network G.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on June 4, 2012, which was 20 years elapsed from June 4, 1992, counting from the time of voluntary commencement of possession by net G with respect to the part stated in the purport of the claim in B’s land (hereinafter “instant land”) to the Plaintiff on the ground of the completion of acquisition by prescription on June 4, 2012.

[Judgment of March 25, 2014] 3. Determination

A. In the relevant legal doctrine, the intention of possession, which is an objective element for the possession by prescription, is objectively determined by the nature of the source of possessory right. However, if the nature of the source of possessory right is not clear, it is deemed to have been occupied with the intention of ownership in accordance with Article 197(1)