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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The registration of ownership preservation was made on February 15, 1986 with respect to the area of 205 square meters in Ulsan-gu B, Ulsan-gu (hereinafter “the instant land”), and on January 19, 1990, the registration of ownership transfer was completed on the ground of the “transfer as of December 30, 1989” on the ground of the “transfer as of January 30, 1989; the registration of ownership transfer on the ground of “the succession as of July 15, 1997” on the ground of “the succession as of July 15, 1997; the registration of ownership transfer was completed on July 27, 2006 in the Defendant’s future on July 19, 206.”
B. From around 1960 to around 1960, Nonparty deceased, who owned a house on the ground of the instant land and resided in the said house and died around October 2012.
C. On June 2013, the Plaintiff, as C’s children, succeeds to the instant land and its ground buildings by “the Plaintiff” with other inheritors around June 2013.
“Consultations on division of inherited property was made to that effect.”
[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The plaintiff's assertion (A) C has occupied the land of this case for not less than 20 years in peace and performance with the intention of ownership from around 1960.
In addition, C has occupied the land of this case for not less than 20 years in peace and performance with the intention of ownership from February 15, 1986, when registration of ownership preservation was made.
C At the latest, around February 14, 2006, acquired the instant land by prescription.
(B) The Plaintiff, upon the death of C, independently inherited the right to the land of this case through the division of inherited property.
(C) Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land by February 14, 2006 to the Plaintiff.
(2) The Defendant’s assertion C concluded a loan agreement or paid rent for the instant land, and the Defendant et al. also made a disposition imposing indemnity to C.
C The possession of a third party shall not be acquired by prescription, since it is not only the possession of the third party but also the possession with the intention of ownership.