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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1 drawings among the 284 square meters in South Won-si, Namwon-si, the Plaintiff-Counterclaim Defendant (Counterclaim Defendant) and indicated the attached Form 4, 5, 6, 7, 8, 8, 9, 10.
Reasons
1. Basic facts
A. On January 18, 1930, the registration of ownership transfer was completed in the name of the Plaintiff on January 18, 1930 with respect to the Namwon-si, Seoul Special Metropolitan City (hereinafter “the instant real estate”) and the registration of ownership transfer was completed on April 6, 1985 under the name of the Defendant as the receipt of No. 9486 on April 6, 1985.
B. D A deceased on August 10, 1979, and D’s father as D’s father was deceased on January 18, 1960, and D’s heir of Australia on August 10, 1979.
[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-1 and 2-2
2. We also examine the judgment on the principal lawsuit and counterclaim and the counterclaim.
A. The plaintiff asserted that the real estate of this case is the real estate that the plaintiff succeeded to the deceased D before April 6, 1985, and the defendant has continuously occupied the part on the ship (hereinafter "the part on the ship of this case") that connects each point of the attached drawings Nos. 4, 5, 6, 7, 8, 8, 9, 10, 11, and 4 among the real estate of this case, the plaintiff's family members of this case had occupied the real estate of this case before the above transfer of ownership, and since the defendant had paid taxes on the real estate of this case, the defendant's assertion that the acquisition by prescription was completed on April 6, 2005 after the lapse of 20 years from April 6, 1985.
B. The following facts do not clearly dispute the defendant, or are acknowledged by considering the following facts: Gap evidence 3-1 to 6; Gap evidence 5-1 to 5-4; Gap evidence 6-1, 2; Gap evidence 7-1 to 4; Gap evidence 8-1, 8-2; Gap evidence 8-1, 8-2; Eul witness I; and Eul evidence 8-1 to 6; Eul evidence 8, 9 are not sufficient to support the recognition, and there is no counter-proof otherwise.
(1) Of the instant real estate.