1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 74,488,245, to the Defendant (Counterclaim Plaintiff).

1. The network D, the husband of the Plaintiff’s basic facts common to the principal lawsuit and counterclaim, had constructed an unauthorized building on the land of this case on the 6, 19, 18, 17, 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, and 6 of the annexed drawing indicating the annexed drawing among the land of this case, and lived with the Plaintiff and occupied the said part.

During that period, the above D died on March 18, 1997, and the plaintiff continues to reside in the above unauthorized building.

On February 28, 200, the Defendant received a successful bid in the auction procedure and completed the registration of ownership transfer under the Seoul Central District Court’s registration No. 9744 on March 17, 200, and completed the registration of ownership transfer to E, F, and G on May 30, 2013, the Defendant completed the registration of ownership transfer (each 1/3) on the ground of donation under the receipt No. 134047 of May 30, 2013.

[Ground for recognition] The fact that there is no dispute, Gap's 3, 4, 6 (including paper numbers; hereinafter the same shall apply), Eul's evidence 1, and the result of the court's entrustment of appraisal to the Seoul Southern Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion that D had resided in the above building since 1979, and occupied the occupied part of this case in peace and openly with the intent to own it. The Plaintiff succeeded to D’s possession on March 18, 1997.

Therefore, as of July 7, 2009 when 20 years have elapsed since the commencement of the above possession, the acquisition by prescription for the above possession was completed, the Defendant, who is the landowner at the time of the completion of the prescription, is obligated to implement the procedure for registration of transfer of ownership based on the completion of the acquisition by prescription for the part in possession

B. The starting point of calculating the prescriptive period for acquisition by prescription of real estate is the starting point of the acquisition by prescription, unless the nominal owner of the real estate is the same or there is no change in the ownership, in principle, the starting point of the acquisition by prescription is the starting point.