1. The Defendant is based on the completion of the prescriptive acquisition on September 4, 201, with respect to B forest land No. 1,978 square meters at the time of smuggling to the Plaintiff.

Facts of recognition

The smuggling Farmland Improvement Association comprehensively succeeded to the rights and duties of the Korea Agricultural and Rural Infrastructure Corporation under the former Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act (amended by Act No. 5759 of February 5, 1999). The name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the Korea Agricultural and Rural Community Corporation on December 29, 2008.

At the time of the C Project implemented around 1983, the C Project Association incorporated the land listed in Paragraph (1) of the order (hereinafter “instant land”) into a reservoir. At the time, Nonparty D owned the instant land in proportion to Nonparty D’s 285/345 shares and Nonparty E’s 60/345 shares.

Since June 29, 1987, D died on June 29, 1987, and the defendant succeeded to D's entire shares following the agreement division of inherited property, and the defendant purchased the entire shares from E on August 20, 191 and completed the registration of ownership transfer on September 4, 1991.

The smuggling Farmland Improvement Association has purchased all of the above land from D around the time of incorporation of the land of this case into a reservoir, and has maintained and managed it as a reservoir site until now.

【The Plaintiff’s possession of the land in question while maintaining and managing the land of this case belonging to the reservoir site, is presumed to have been performed in a peaceful manner with its own intent pursuant to Article 197(1) of the Civil Act. The Plaintiff’s possession is presumed to have been performed in a peaceful manner with its own intent pursuant to Article 197(1) of the Civil Act.

Therefore, barring any special circumstance, the Plaintiff’s possession of the instant land was completed on September 4, 201, after the lapse of 20 years from September 4, 1991, and on September 4, 201, and barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on September 4, 201 for the instant land to the Plaintiff.

In regard to this, the defendant shall occupy the plaintiff's land of this case as the owner of a third party or as the owner of a secret or public performance.