1. As to the Plaintiff’s share 2436/505 of the real estate stated in the separate sheet, the Defendant on April 22, 2019.

1. The fact that the Defendant possessed for a period from April 22, 1999, real estate listed in the separate sheet (hereinafter “instant real estate”) holding 2436 shares in the Defendant’s 2436 shares in the cause of the claim does not conflict between the parties, and the possessor is presumed to have possessed the real estate in good faith, peace, and public performance (Article 197(1) of the Civil Act). Thus, barring special circumstances, the Defendant is liable to implement the registration procedure for transfer of ownership on April 22, 2019 with respect to shares in 2436 shares in the instant real estate on the ground of the completion of the acquisition by prescription on April 22, 2019.

2. Judgment on the defendant's assertion of the possession of a third party

A. The defendant's assertion that ① the father of the original plaintiff was permitted to cultivate from the defendant and the plaintiff's side was to possess the real estate of this case. Thus, the plaintiff's possession is to be occupied by the owner, or ② the plaintiff was occupied by the co-owner, and thus, the defendant's share in possession is to be occupied by the owner within

B. Determination 1) According to the relevant legal doctrine and Article 197(1) of the Civil Act, since an occupant is presumed to have occupied an object as his/her own intent, there is no responsibility to prove his/her own intention in the event that the possessor claims the prescriptive acquisition. Rather, the possessor bears the burden of proving that the possessor has no intention to own it (see, e.g., Supreme Court Decision 2006Da609, Sept. 10, 2009). The possessor is proved to have acquired possession on the basis of his/her title that the possessor is deemed to have no intention to own, or is deemed to have been naturally engaged in if he/she expressed his/her attitude that the possessor did not normally take if he/she had expressed his/her intention to control it as his/her own property by excluding another’s ownership.