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1. The Defendant indicated in the attached Form No. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, among the land size of 1,316 square meters in Gyeongnam-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. On June 22, 1981, the network D completed the registration of ownership transfer on the ground of sale on March 1, 1942 with respect to land E in Nam-gun, Chungcheongnam-do (hereinafter “instant E”). On August 17, 1988, the Defendant completed the registration of ownership transfer on the ground of sale on August 13, 1988 with respect to land C, 1,316 square meters (hereinafter “the instant land”).
B. B. Before the Defendant completed the registration of ownership transfer with respect to the instant land C, the network D has occupied a building by piling up a stone fence on the part (b) of the ship (hereinafter “land in this case”) which connects each point of the attached Form No. 17, 18, 19, 20, 20, 21, 22, 23, 24, 25, 26, 27, and 17 among the said land in sequence.
C. On March 13, 1995, the deceased deceased on March 13, 1995, G, H, I, I, Plaintiff, and J, who is the spouse, at the time of the death, and the heir, including the Plaintiff, agreed on the division of inherited property on April 19, 2017, with the content that “the Plaintiff shall own the land in the dispute of this case.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 10 (including branch numbers in case of additional number), the result of the on-site inspection by this court, the result of the appraiser K's survey and appraisal, the purport of the whole pleadings
2. Even in cases where the transfer of ownership in the name of a third party has been completed between the acquisition by prescription for the judgment on the cause of claim and the acquisition by prescription for the registration of ownership transfer for the completion of the acquisition by prescription, if the original possessor continues to possess the real estate, and the period of possession has passed again considering the time when the owner changes the ownership as the starting point of starting the acquisition by prescription, the possessor may claim the completion of the second acquisition by applying the time of change in ownership in the future as the starting point of the new acquisition by prescription for the acquisition by prescription for the second time.