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1. The Plaintiff, the Defendant (Appointed Party) B, as to 3/9 shares of the real estate listed in the separate sheet C, D, and .
Reasons
1. Facts of recognition;
A. On July 2, 1990, Nonparty F purchased a building of 142 square meters and above-ground (hereinafter “each of the instant land and buildings”) in Suwon-gu Busan Metropolitan City on July 2, 1990, and the same year.
8.1. Upon completing the registration of ownership transfer, the Plaintiff purchased the land and buildings of this case from Nonparty F on October 20, 1994, and completed the registration of ownership transfer on November 22, 199.
B. On December 29, 1975, Nonparty H purchased an I road of 32 square meters adjacent to the instant land (hereinafter “instant land”) and completed the registration of ownership transfer on January 7, 1976.
C. The non-party H died on November 30, 1998, and the non-party H’s heir is the Defendant (Appointed Party), B, the deceased’s wife, C, D, and E.
C. The Plaintiff, as indicated in the attached Form No. 1, occupied the Mail, Fire Brigade, toilet, and pots attached to the building No. 1 of this case, and occupied the land of this case owned by the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 2 (including each number), witness F's testimony and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Plaintiff succeeded to the possession of Nonparty F, the former owner of the instant land No. 1, from August 1, 1990, and occupied the instant land No. 2 for 20 years by succeeding to the possession of Nonparty F. The Plaintiff’s possession is presumed to have occupied the instant land peacefully and openly by his/her own intent. Thus, the Plaintiff is presumed to have acquired the instant land No. 2 by prescription around August 1, 2010.
B. On this ground, the Defendant (Appointed Party) alleged that the Plaintiff’s possession was bad faithless occupation, and thus, did not dispute between the parties, as to Gap’s evidence Nos. 1 through 4, 9, and Eul’s evidence No. 2 (including each number), and the following circumstances, which are acknowledged by the witness F’s testimony, namely, ① the building appurtenant to the building No. 1 in this case on the ground of the land No. 2 in this case.