1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The non-party D's clan (hereinafter "non-party D') is a clan in which the non-party D's 26-year-old descendants of the time of the E's clan set up a common vessel.

On February 27, 1927, the non-party clan purchased C-Y 4360.5 square meters (hereinafter "the land in this case") in Kim Jong-si, and completed the registration of transfer of ownership under the name of Non-party H et al. on May 23, 1927.

The deceased A (hereinafter referred to as the “the deceased”) is a member of the non-party clan, who is one of the title trustee of the instant land.

B. On March 1, 1948, Non-party I (hereinafter “I”) purchased 1210/2190 of the instant land from the non-party clan (hereinafter “the instant land portion”) and completed the registration of ownership transfer in the name of Non-party I on May 30, 1949.

On March 26, 2018, the registration of ownership transfer on the instant land portion was completed under the name of the Defendant on August 18, 1976 due to the inheritance by agreement and division as of August 18, 1976.

C. The Deceased filed the instant lawsuit against the Defendant, and the first instance court rendered a judgment dismissing the Deceased’s claim in full.

The Deceased appealed against the judgment of the first instance, and filed the instant appeal. On October 8, 2019, the Deceased died, and the Plaintiff, one of the deceased’s children and the heir, filed an application to resume the lawsuit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that, around 1970, the deceased occupied and used the part of the instant land in a peaceful manner with his/her intention to purchase it from I and thus, the Defendant is obligated to implement the procedure for ownership transfer registration on December 31, 2016 to the Plaintiff, who is the inheritor of the deceased.

B. As to this, the Defendant did not sell the land portion of this case to the deceased, and Nonparty clan managed the land portion of this case. Even if the deceased occupied and used the land portion of this case, its title is given.