1. The defendant is based on the completion of the prescriptive acquisition on April 10, 1978 with respect to the land size of 304 square meters in Seosan-si, Seosan-si.

1. Basic facts

A. The Defendant is the owner of the land in Seosan-si, Seosan-si, C, 304 square meters (hereinafter “instant land”).

B. On April 10, 1958, the Plaintiff, along with her husband D, moved into a house on the ground of this case with her husband D and continued to reside in the same place even after D died on September 29, 1994.

(1) The defendant asserted that the plaintiff occupied the land of this case after May 8, 1965, but did not accept the defendant's assertion in light of the following evidences, and recognized the above facts.

On the other hand, D's other inheritors E and F expressed their intent to divide the inherited property, which shall belong to the Plaintiff with respect to D's right to claim for registration of the instant land.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, 5, 11, and 12, witness G, and H's testimony, the purport of the whole pleadings

2. As to the cause of the claim, the plaintiff asserts that since the prescription period for the possession of the land of this case was completed for 20 years from April 10, 1958, the defendant should implement the procedure for the registration of ownership transfer with respect to the land of this case.

Since the possession of the possessor is presumed to have been carried out in good faith, peace, and public performance with his own intent (Article 197(1) of the Civil Act), it is presumed that the possession of the Plaintiff on the land of this case was carried out in peace and public performance with his own intent.

3. The judgment of the defendant's assertion was made by the defendant's father I, around 1957, that at the time when the defendant's father I moved to Seoul, he consented to use part of the land that could cultivate crops among the forest land before the division, so that he can use the farmland as a farming shed. D's land divided on May 8, 1965 and applied for the registration of ownership transfer solely by subdividing into J 425 square meters used for real cultivation among the forest land 512 before the division. The remaining forest land 92 square meters was registered in the first future at the application of D's land. The plaintiff occupied the land in accordance with the Act on Special Measures for the Registration of Ownership of Real Estate while he occupies the land in this case.