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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 24, 1962, the network C purchased on August 24, 1962, two neighborhood living facilities buildings (one floor, two floors, and one hundred and half floors) in Jongno-gu Seoul Metropolitan Government D. D. and one hundred and fifty-five square meters in its ground, and completed the registration of ownership transfer on October 26 of the same year, and the Plaintiff completed the registration of ownership transfer on the said land and building (hereinafter “Plaintiff’s land and building”) on March 23, 2013 due to inheritance by agreement division as of October 16, 2013.
B. From April 2014, the Plaintiff was engaged in large-scale repair on the Plaintiff’s building, and during the process of approval for completion, the Plaintiff’s building was built up to the Jongno-gu Seoul Metropolitan Government B large 11.1 square meters (hereinafter “instant land”).
C. The instant land is owned by the Defendant who completed the registration of ownership transfer in the Defendant’s name on October 4, 1962.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The content of the Plaintiff’s assertion C purchased the Plaintiff’s land and building on August 24, 1962 and occupied the Plaintiff’s land in peace and public performance for not less than 20 years from the time of each registration on October 2, 1962 and October 26, 1962 to the present date. As such, the Defendant is obligated to implement the procedure for the registration of ownership transfer on October 26, 1982 to the Plaintiff for the completion of the prescriptive prescription.
B. (1) Pursuant to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intent. However, in cases where it is proved that the possessor of an object has occupied the real estate owned by another person without permission despite the knowledge of the absence of any legal act or other legal requirements that may cause the acquisition of ownership at the time of the commencement of possession, barring any special circumstance, the possessor shall be deemed not to have the intention to reject the ownership of another person and not to possess it. Thus, the possessor is deemed to have the intention