1. Of the judgment of the first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 18, 1930, the registration of ownership transfer was completed in the name of D, the Plaintiff's Republic of Korea. On April 6, 1985, the registration of ownership transfer in the name of the Defendant was completed on the ground of sale as of March 2, 1972 under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3562).

B. D A deceased on August 10, 1979, and D's head of D and the father of the Plaintiff died on January 18, 1960, and the Plaintiff became the inheritor of Australia on August 10, 1979.

C. The Plaintiff, around June 17, 2009, set up a vinyl house in the lower part of the instant land [the same land as the instant part of land] and occupies it up until now.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Gap evidence 8-1, 8-2, and the purport of the whole pleadings

2. The assertion of the parties and their decision

A. The plaintiff's assertion is the cause of the principal claim of this case, and since before April 6, 1985, before the completion of the ownership transfer registration of this case, F, mother G, plaintiff's wife H, etc. occupied the land of this case in a peaceful and public performance with the plaintiff's intent to own the land of this case, the prescriptive acquisition on April 6, 2005, which was 20 years after April 6, 1985, was completed. Accordingly, the defendant asserts that he is obliged to implement the procedure for the ownership transfer registration of the land of this case to the plaintiff.

In regard to this, the Defendant did not possess the land under the instant sub-paragraph (b) as the cause of the instant counterclaim, and even if the Plaintiff occupied the land under the instant sub-paragraph (c) for not less than 20 years as the Plaintiff’s assertion, it was an owner of the land, and the Plaintiff was an occupant of the land under the instant sub-paragraph (c) by installing a vinyl house on the land under the instant sub-paragraph (c).