1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Attached Table 1. An appraisal map in the area of 702 square meters in the area of Jeonbuk-gun, Jeonbuk-gun.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

D With respect to the area of 702 square meters (hereinafter “instant land”) in Jeonju District Court, Jeonju District Court, No. 1334, Aug. 1, 2006, issued on July 20, 2006, issued on July 20, 2006, the registration of ownership transfer (hereinafter “instant registration”) was completed in the Defendant’s future.

The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) occupied and used the instant land by operating orchard and constructing a new building on the instant land before the Defendant acquired the ownership of the instant land. The current status of occupation of the Plaintiff’s instant land is also indicated in the attached appraisal.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including the number of branch numbers; hereinafter the same shall apply), Eul evidence, and Eul evidence as a result of the appraisal commission to the director of the branch office of the Korea Land Information Corporation, the gist of the plaintiff's assertion as to the claim of the entire purport of the pleading is that the plaintiff sold the land of this case to the defendant even though he knows that the acquisition by prescription of the plaintiff on the land of this case has been completed, and the defendant actively participated in it. Thus, the sales contract concluded between the defendant and D is null and void as an act contrary to social order or a false declaration of agreement.

Therefore, since the registration of this case completed due to the above sale is invalid, the defendant is obligated to implement the registration procedure of this case to D.

Judgment

A real estate owner shall be deemed to be liable for tort if he/she suffered damage by the claimant for prescriptive acquisition because he/she becomes liable for the registration of ownership transfer based on the completion of prescriptive acquisition by disposing of the real estate to a third party with the knowledge that the prescriptive acquisition has been completed, and the third party who acquired the real estate shall be deemed to be liable for tort.