1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 24, 1965, the Plaintiff is the owner who registered the preservation of ownership with respect to the land adjacent to the land listed in the separate sheet (hereinafter “instant land”).

B. The instant land was classified as a graveyard and unregistered land, and was assessed on January 10, 1919 by the deceased D as the owner.

C. The defendant is the heir as the deceased's children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that “the Plaintiff cultivated the instant land by planting a shoulder, etc. from the 1960s, from around November 1973 to the present time, and occupied the instant land in a peaceful manner. The Plaintiff, along with the 760 square meters prior to C’s ownership, developed the instant land, occupied the fence, cultivated crops exclusively, and occupied agricultural produce frequently until now. The Plaintiff occupied the instant land in a peaceful and openly owned manner on November 8, 2018 by occupying the instant land for at least 20 years, and the acquisition by prescription for possession was completed. Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of the completion of the acquisition by prescription on November 8, 2018.”

It is true that the requirements of the prescription for the acquisition of possession are "the possession at a specific point of time for the real estate in question and the possession at a specific point of time after 20 years from that point."

A person who asserts the prescriptive acquisition shall prove his/her possession, and if he/she fails to prove it, he/she shall lose it.

(see, e.g., Supreme Court Decision 96Da11334, Sept. 24, 1996). Examining whether the Plaintiff occupied the instant land on or around November 8, 2018, which is a specific point of time, and whether the Plaintiff occupied the instant land on or around November 8, 1998, prior to such 20 years, the Plaintiff did not have a farming house from 60 years to 2018, respectively.