1. The Defendant connects the Plaintiff with each point of the attached Form 1, 2, 3, 4, and 1 in sequence, among the land size of B 1,762 square meters in Naju-si.

1. Basic facts

A. C on March 27, 2008, the registration of initial ownership is completed with respect to B 1,762 square meters in Naju-si on March 27, 2008

The Plaintiff purchased the above land from the above C and completed the registration of transfer of ownership in the name of the Plaintiff on November 4, 2015.

B. Of the above land, part (A) of 165 square meters connected to each point of the annexed drawing Nos. 1, 2, 3, 4, and 1 among the above land (hereinafter “instant land”) is currently packed in cement and is used as a road under the possession and management of the Defendant.

【Ground for recognition】An absence of dispute, A’s evidence No. 1

2. According to the above facts of determination as to the cause of the claim, the defendant can be recognized to have possessed cement road packaging on the land of this case owned by the plaintiff, barring special circumstances, the defendant is obligated to remove cement packaging on the land of this case and deliver the land of this case to the plaintiff.

3. Defendant’s assertion and judgment

A. The defendant asserts that "the defendant has occupied and used the land of this case as a road with the intention of ownership for at least 30 years, and thus, the acquisition by prescription has been completed pursuant to Article 197 (1) of the Civil Act."

In principle, in cases where a nominal owner changes, the starting point of occupation, which serves as the basis for acquiring prescription, shall be the starting point, and the parties shall not arbitrarily choose the starting point.

If a third party purchaser completes the registration of ownership transfer after the acquisition by prescription is completed on the basis of such starting point, it cannot be asserted against the third party purchaser by the acquisition by prescription.

However, even if a third party purchaser completes the registration of ownership transfer after the completion of the acquisition period, if the existing possessor continues to occupy and the owner changes as a new starting point, and if the occupancy period is completed again, the possessor claiming the acquisition period as the starting point of new acquisition.