1. The Defendant is based on the completion of the acquisition by prescription on July 18, 2010, with respect to the land size of 367 square meters in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

Basic Facts

The land of Gyeong-dong, Gyeong-gun, which was registered as owned by the Republic of Korea, has undergone the following subdivision process:

(이하 분할 전 C 대 1,722㎡를 ‘원 토지’, 최종 분할 후 C 대 367㎡를 ‘이 사건 토지’라 한다). (1990. 2. 4. 분할) (1992. 1. 9. 분할) C 대 1,722㎡ C 대 403㎡ C 대 367㎡ (원 토지) (이 사건 토지) ↘ ↘ D 대 36㎡ E 대 1,319㎡ F는 1968. 12. 17. 피고의 외삼촌인 G으로부터 원 토지 및 그 위에 있는 초가집을 매수하였고, 원고의 아버지 H은 1971. 3. F로부터 위 토지와 초가집을 매수하였다.

H around January 1, 1979, set up a house (hereinafter “instant house”) on the part of the instant land among the original land around January 1, 1979, and completed the registration of initial ownership on December 26, 1979.

In the original land, the Defendant’s mother was living first, and G was living from around 1964, and H was living in the said housing from around 1979 to October 14, 1992.

The defendant completed the registration of ownership transfer on June 2, 198 with respect to the land of this case on November 30, 1956.

On July 18, 1990, the Plaintiff made a move-in report to Gyeong-dong, Chungcheongnam-gun, the permanent domicile of which was his own, and made a move-in report to J (C with the instant land and housing) on March 7, 2012.

As of the closing date of pleading, the Plaintiff is living in the instant house.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including a branch number if a branch number is included; hereinafter the same shall apply), Eul evidence Nos. 1, witness K's testimony, and all pleadings are presumed to have been occupied in peace and public performance with the intention of ownership in accordance with Article 197(1) of the Civil Code.

In light of the above facts and evidence, H and the Plaintiff were not in dispute between the parties that the instant housing was located on the instant land, and considering the overall purport of the arguments, it is difficult for H and the Plaintiff to do so from July 18, 1990 until now.