The defendant is based on the completion of the prescriptive acquisition on January 2, 2020 with respect to the land size of 595 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Basic Facts

A. The Defendant is the owner who completed the registration of ownership transfer on November 14, 1986, on November 14, 1986, with respect to the land of 595 square meters (hereinafter “instant land”).

B. Meanwhile, the Defendant completed the registration of ownership transfer on November 13, 1986 with respect to the land of 302 square meters and 455 square meters adjacent to the instant land (hereinafter “E and D land”) on May 21, 1985, on the ground of inheritance by agreement and division as of May 21, 1985. However, the Plaintiff concluded a sales contract to purchase each of the said land from the Defendant around August 19, 1987 but did not complete the registration of ownership transfer on November 19, 2019 among the above land.

C. From August 1987, the Plaintiff occupied E/D land and this case’s land, and constructed and used livestock pens on the ground.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 4, Eul evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) around August 1987, the plaintiff purchased E and D land and this case's land from the defendant, paid the full purchase price, and occupied the land of this case from around that time. The plaintiff occupied the land of this case as the owner for 20 years after the date of acquisition of the defendant's ownership as of January 2, 2020 by occupying the land of this case in peace and openly and for 20 years after the date of acquisition of the defendant's ownership. Therefore, the plaintiff is obligated to implement the procedure for the ownership transfer registration for the land of this case on January 2, 2020. 2) Accordingly, the defendant's argument that the defendant sold the land of this case to the plaintiff on or around August 1987 is only E-D land, but does not include the land of this case, and around November 15, 2019, the plaintiff completed the ownership transfer registration with respect to the land of this case as to E-D land.