1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. On April 26, 1926, X completed the registration of transfer of ownership in its name with respect to the area of 1296 square meters (hereinafter “instant real estate”) prior to Gan-si Suwon-si W.

B. X died on November 23, 1979, and the Defendants inherited the network X’s property.

[Reasons for Recognition] Facts without dispute, Gap 2, 4, 10-38 Evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s husband’s husband, around October 17, 1978, donated the instant real estate in return for the management of X’s shipbuilding seedlings from X, and possessed and used the instant real estate in peace and public performance with the intent to own it from the time of donation. As such, the statute of limitations for possession on and around October 17, 1998 expired.

Since Y succeeded to the Plaintiff’s possession as the inheritor following the death in around 2003, the Defendants, X’s inheritor, are obligated to implement the procedure for ownership transfer registration for reasons of prescription for possession acquisition on October 17, 1998 to the Plaintiff.

B. Determination is presumed to have been occupied in good faith, peace, and public performance with an owner’s intent (Article 197(1) of the Civil Act). As such, in principle, the possessor is not liable to prove that he/she has occupied the acquisition by his/her own intent when claiming the acquisition by prescription, and rather, the possessor bears the burden of proof by asserting that the possession was not made by his/her own intent.

However, it is not determined by the internal deliberation of the possessor, but by the external and objective determination in view of the nature of the title that gave rise to the acquisition of possession or all the circumstances related to the possession. Thus, if the possessor occupied the real estate owned by another person without permission even though he/she was aware of the absence of such legal requirements without the legal act or any other legal requirements at the time of the commencement of possession, barring special circumstances.