1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 12, 1987, the Plaintiff completed the registration of ownership transfer with respect to the land of 588 square meters in Seongdong-gu, Changwon-gu, Changwon-si, Sungwon-si, Sungwon-si, 58 square meters, D 251 square meters in size, E 436

Part of the land in the said C is divided into the land of 61 square meters in F 61 square meters and G 96 square meters in April 24, 2013, and the area of the land in C was 431 square meters in the area of the land after the division into the land in G 96 square meters.

B. The defendant on August 27, 1996 the plaintiff's consolation owned by the plaintiff.

The land adjacent to the port land (hereinafter referred to as the “Defendant’s land”) shall be purchased and completed the registration of ownership transfer, and the housing shall be residing on the ground and the above A.

항 기재 토지 중 청구취지 기재 토지[㈁, ㈃, ㈄, ㈆ 토지, 이하 ‘이 사건 토지’라 한다]를 점유하고 있다.

[Ground of Recognition] Unstrifed Facts, entries and images of Gap evidence 1 through 7, and 11 (including paper numbers), the result of the on-site inspection by this court, the result of the appraiser I's survey and appraisal, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to deliver the land of this case to the plaintiff and return unjust enrichment equivalent to the rent that the plaintiff seeks after the defendant occupied the land.

3. Determination on the defendant's defenses by prescription

A. The gist of the defendant's defense is that the defendant occupied the land of this case in a peaceful and publicly performing manner for about 17 years from the time of purchasing the land of this case, and since the prescription period for the possession of the land of this case was completed by the previous owner of the land, the plaintiff's claim is unjustifiable.

B. Even in cases where the ownership transfer registration in the name of a third party is made in respect of the real estate between the acquisition by prescription after the acquisition by possession of the real estate in the judgment 1-related legal doctrine is completed and the acquisition by prescription is not completed due to the completion of the acquisition by prescription, the possession period of the acquisition by prescription has expired again by counting the time when the owner changes.