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1. The Defendant is on the ground of the completion of the prescriptive acquisition on July 21, 2003 with respect to the Plaintiff’s forest CY 2,018 square meters in Jeonbuk-gun, Jeonbuk-gun.
Reasons
1. Determination as to the cause of claim
A. 1) The Defendant’s clan is the Defendant’s clan: (a) on September 18, 1939, 2,018 square meters of forests and fields C in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant land”).
(2) Around 1970, the deceased D (hereinafter “the deceased”) continued to occupy the instant land until July 21, 2003, starting to develop and cultivate the instant land by clearing it.
3) The deceased’s heir was the Plaintiff, F, G, H, I, J, and K, who are the wife of the deceased, and the children of the deceased. On April 15, 2016, the said inheritors agreed on the division of inherited property with the content of the Plaintiff’s sole inheritance of the instant land. (iv) On the ground of the instant land, the Plaintiff succeeded to the possession after the deceased’s death and continued to cultivate crops by installing and managing the deceased’s grave on the ground of the instant land, while installing plastic houses, etc. on the instant land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (if there are provisional numbers, including each number; hereinafter the same shall apply), the result of the on-site inspection by this court, the purport of the whole pleadings
B. According to the above facts, the deceased continued to possess the land of this case from July 21, 1983, which was the date of the completion of the prescriptive acquisition as claimed by the plaintiff from July 21, 2003 to July 21, 1983 (see, e.g., Supreme Court Decision 93Da30013, Nov. 26, 1993). The deceased's possession is presumed to be a peaceful and publicly-public possession based on his own intent (Article 197(1) of the Civil Act). The deceased acquired the claim for the ownership transfer registration on July 21, 2003 due to the completion of the prescriptive acquisition as to the land of this case.
Furthermore, according to the agreement on the division of inherited property concluded with the deceased’s other inheritors, the Plaintiff shall do so.