1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form 17, 18, 19, 20, among the land size of 889 square meters in Gyeongnam-gun, Busan-gun, Busan-gun.

1. Facts of recognition;

A. The Plaintiff is the owner of the instant land, the instant land, the instant livestock shed, and the housing owner on the ground adjacent thereto, located in the area of 344m2 (hereinafter “D”) in Gyeongnam-gun, Busan-do. The Defendant is the owner of the instant land and the instant land adjacent thereto.

B. On February 21, 1979, the Plaintiff purchased D land in KRW 165,00 from E, the Defendant’s large punishment. On August 31, 1981, the Plaintiff completed the registration of ownership preservation under the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Law No. 3094, Dec. 31, 197; December 31, 1984).

C. The instant land and D land are adjacent to one another. At around 1993, the Plaintiff installed a fence (hereinafter “instant fence”) on the boundary of the instant land and D land, and the Plaintiff newly constructed a new house on the basis of the relevant boundary, and completed registration of initial ownership on October 28, 1997.

(hereinafter “instant housing”. However, the instant housing and fence connected each point of the instant land indicated in the separate sheet Nos. 17, 18, 19, 20, 15, 16, and 17 among the instant land, are placed in a ship (b) or a part of 56 square meters.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 to 3 evidence (if there is an additional number, including each number; hereinafter the same shall apply), appraiser F's appraisal result, the purport of the whole pleadings

2. Determination on the main claim

A. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object with his/her intention to own, and thus, if the possessor asserts the acquisition by prescription, he/she is not liable to prove his/her intention to own, and the possessor bears the burden of proof to a person who denies the establishment of the acquisition by prescription by asserting

And it is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the title that caused the acquisition, or the possession.