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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 12, 1990, E (the husband of the Plaintiff’s death) purchased a building on the land located in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter referred to as “real estate”) and completed the procedure for registration of ownership transfer, and subsequently completed the procedure for registration of ownership transfer by purchasing the building on the land. After completing registration of ownership transfer on November 19, 193, the F land was combined with G land on December 3, 2013, and became “G large 419 square meters,” and thereafter, the Plaintiff became the owner of G land due to inheritance by consultation division on May 29, 2014.
B. Defendant B is each owner of the 2,096 square meters in Ulsan-gun C, Ulsan-gun, and the 3,078 square meters in Ulsan-gun D-gun, Ulsan-gun, Ulsan-do.
C. From May 12, 1990 to the date of the closing of argument in the instant case, the Plaintiff succeeding to E and the Plaintiff occupies a part of 84 square meters among Defendant B’s land, and a part of 34 square meters for 64 square meters among D roads owned by the Defendant Republic of Korea, as indicated in the purport of the claim, as the site for each of its own housing, etc.
(hereinafter referred to as the "land in dispute of this case" when referring to the combination of the six parts.
Meanwhile, Defendant Republic of Korea uses the portion of 25 square meters on board the G land owned by the Plaintiff as a road, which connects each point of 6,7, 8, 53, 52, 51, 50, 49, and 6 of the same drawing among G land owned by the Plaintiff.
[Reasons for Recognition] A.1-34 Evidence, Eul 1-5 Evidence, Eul 1-5 Evidence, and Eul 1’s evidence or images, the result of the survey and appraisal of the Ulsan branch office of the Republic of Korea National Land Information Corporation in this court, the result of the on-site inspection by this court, the purport of the whole pleadings
2. Comprehensively taking account of the facts on the basis of the judgment as to the cause of the claim, the possessor is presumed to possess in good faith, peace, and public performance with the intent of possession, and the Plaintiff and her husband occupied for not less than 20 years. Therefore, the Defendants are liable to implement the procedure for ownership transfer registration on the land in the instant case due to the completion of acquisition by prescription.
3. Determination as to the Defendants’ assertion