1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Around March 10, 1916, the Plaintiff alleged in Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant land”) was under circumstances, D, a small part of the Plaintiff’s lighting, but left alone without the Plaintiff’s registration of transfer of ownership. As such, the Plaintiff occupied the instant land from February 1, 1988 to February.

Therefore, one of the successors of D is the defendant, who is the defendant, is obligated to implement the registration procedure for transfer of ownership on the land of this case on the ground of completion of prescription.

2. Where it is proved that the possessor occupied the real estate owned by another person without permission knowing the fact that the possessor did not meet the legal requirements such as a juristic act which may cause the acquisition of ownership at the time of commencement of possession without permission, 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 presumption of possession with the intention to own has been broken down.

(Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997). With respect to the instant case, even if the Plaintiff was aware that the instant land was in its own possession, the Plaintiff had been aware of the fact that there was no legal requirements such as a juristic act that could cause the acquisition of ownership around February 1988 and without any other legal requirements, and thus, the presumption of possession of the Plaintiff’s possession of the instant land was broken.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.