1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 14, 1970, 1970, the land of this case was registered as D and the registration of transfer of ownership was completed in accordance with the Act on the Settlement Loan for Persons Eligible for Military Support (hereinafter “instant land”).

B. The Plaintiff occupied the instant land, and paid the property tax on the instant land from 2006 to 2010, and the Defendant paid the property tax on the instant land from 2011.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the land of this case is owned by D, the defendant's fault, and it is merely that D lent the name of the defendant to register the ownership transfer, and the plaintiff occupied the land of this case from D on February 24, 1985 after purchasing it from D on February 24, 1985. Thus, the prescription period for the acquisition of possession on March 14, 2005, which was 20 years since March 14, 1985, was completed.

The defendant asserts that the presumption of possession by the plaintiff is reversed because the land in this case was owned by the defendant and did not sell the land to the plaintiff or delegated the sale to D, and the plaintiff was aware that D was an unauthorized person, and thus, the presumption of possession by the plaintiff is reversed.

B. First of all, we examine whether the Plaintiff’s possession is independent.

According to Article 197(1) of the Civil Act, since an occupant of an article is presumed to have occupied as his/her own intention, he/she does not bear the burden of proving his/her own intention in cases of claiming the acquisition by prescription. Rather, he/she bears the burden of proving the establishment of the acquisition by prescription for the possession of real estate to a person who denies the possession without the intention of ownership. In the prescription for the acquisition by prescription for the possession of real estate, whether the possession by the occupant is autonomous or without the intention of ownership is determined by the internal deliberation of the occupant