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1. Of the land size of 127 square meters in Seocheon-si, the Defendant has each of the following points: 1, 8, 9, 10, 11, 12, 13, 14, and 1, among the land size of 127 square meters in Seocheon-si.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of 127 square meters in Seocheon-si.
B. Of the land size of 127 square meters in Seocheon-si, the part (B) part (B) and 14 square meters in the ship connected each point in sequence of the annexed drawing Nos. 1, 8, 9, 10, 11, 12, 13, 14, and 1 (hereinafter “the part of the instant land”) among the land size of 127 square meters in the attached sheet No. 1,8, 9, 10, 11, 12, 13,
2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to remove the trees, fences, and buildings listed in the separate sheet No. 2, on the ground of the land of this case, and deliver the part of the land of this case to the plaintiff.
3. The Defendant asserts to the effect that “The part of the instant land from July 3, 1998 to July 3, 2018 was occupied in peace and openly with intent to own the instant land for twenty (20) years, and acquired by prescription the part of the instant land on July 3, 2018, the Plaintiff cannot respond to the Plaintiff’s request.”
If the occupancy which forms the basis of the acquisition by prescription continues to be more than the statutory period, the acquisition by prescription shall be the starting point of the commencement of the possession, and the person who claims the acquisition by prescription shall not choose the starting point at his own discretion. However, in the case of succession of possession in succession, the person who claims the completion of the acquisition by prescription has the right to assert only his own possession or at the same time his own possession and at the same time he may assert. In addition, in the case of the former possessor's possession, the person who claims it at any stage of possession has the right to choose at any time when he claims it at any time. However, in the case of the former possessor's possession together, if he claims it at any time, the starting point of possession cannot be selected at any time during the period of possession at any time, and such legal
Supreme Court Decision 199Do448 delivered on April 10, 1998