1. The Defendant made the Plaintiff on December 31, 2015, on the ground of the completion of the prescriptive acquisition on December 31, 2015, with respect to the land size of 610 square meters in the Plaintiff.

Facts of recognition

On November 8, 1994, the Plaintiff’s father (the father) entered into a sales contract with G acting for the Defendant with respect to the instant land and the F 351 square meters owned by the Defendant’s mother E, which sets forth KRW 27,550,000 as the total price (hereinafter “instant sales contract”) and paid the full purchase price to G on November 16, 1994.

D on June 23, 1997, Dong J completed the registration of transfer of ownership based on successful bid with respect to F 351 square meters of the subject matter of the instant sales contract.

E Deceased on December 10, 1995, died, and the Defendant completed the registration of ownership transfer on February 9, 2017 due to inheritance by consultation or division with respect to the instant land.

D on December 31, 2015, the instant land was donated to the Plaintiff.

[Ground of recognition] without any dispute, Gap's evidence Nos. 1 through 7, 10, 16, Eul's evidence Nos. 1, Eul's testimony, and the purport of the whole pleadings. Eul's assertion by the parties concerned was purchased on Nov. 8, 1994. The plaintiff received the land of this case from Eul. The plaintiff was obligated to implement the procedure for transfer of ownership for sale as of Nov. 8, 1994. The defendant is obligated to implement the procedure for transfer of ownership for sale as of Nov. 8, 199.

Even if it is not so, D has occupied the land of this case in a peaceful manner with its intention to own it for 20 years, and thus, D's acquisition by possession was completed on November 8, 2014.

Plaintiff

In addition, since it was succeeded to the possession of the land of this case through donation from D, the prescription period for the Plaintiff’s possession was completed on December 31, 2015, which was the date of succession.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the completion of prescriptive acquisition upon request by subrogation to the plaintiff or the plaintiff.

Since the defendant's assertion E did not sell the land of this case to D, and there is no fact that G grants the right of representation, the plaintiff cannot seek implementation of the procedure for transfer registration of ownership based on the sales contract of this case.

The plaintiff D (hereinafter referred to as "the plaintiff side") of this case.