1. Defendant D’s acquisition by prescription on December 31, 1975, with respect to the Plaintiff’s share of 2/11 square meters in 641 square meters prior to I, Gyeong-gun, Chungcheongnam-do.

1. Basic facts

A. The J (Death on August 20, 1951) that was the owner of the instant real estate had a child of M, etc. between the spouse K and his spouse K. Defendant C is the spouse of M, Defendant D, G, and H, and Defendant E and F are the grandchildren of M.

B. As to the instant real estate: (a) on January 17, 1948, the registration of transfer of ownership was completed under the name of J on January 10, 1948; and (b) on September 19, 2014, the registration of transfer of ownership was completed on August 20, 1951 in the name of Defendant C (3/11 equity); D, G, H (2/11 equity equity); E, and F (1/11 equity equity equity).

C. N was killed on March 199 while growing the instant real estate by being handed over from K, a relative relative around 1955, and the Plaintiff, as N’s heir, continued to occupy the instant real estate after being succeeded to the possession.

On October 17, 2014, Defendant B purchased KRW 34,918,400 from Defendant C, G, H, E, and F the share owned by the Defendants in the instant real estate from Defendant C, G, H, E, and on the same day, completed the registration of each share transfer as stated in paragraph (1) of the primary claim as to the said share in Defendant B’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 6 (including each number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. The plaintiff's assertion N was completed on December 31, 1975, when it occupied the land of this case in peace and public performance with the intention to own the land by delivery around 1955, and at least 20 years thereafter passed since the acquisition by prescription was completed.

Therefore, the Plaintiff, as N’s heir, seeks to transfer the registration title of the said shares against Defendant D, who holds 2/11 shares of the instant land.

(b) Determination 1) The possessor is presumed to have occupied in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Code), and in calculating the period of prescriptive acquisition, the initial date of commencement of the possession is not the choice at will, but the actual owner (a change to the registration titleholder).