1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since before 1975, the Plaintiff’s mother C resided in a building without permission (hereinafter “instant building”) owned by himself/herself and occupied the instant land, which was constructed on the ground of 79 square meters of 4,786 square meters of land in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant ditch”).

B. On February 29, 1968, the above B forest owned by the State was transferred the ownership to a school juristic person Dosan Institute. On May 15, 1972, the defendant completed the registration of ownership transfer concerning the above forest due to merger of school juristic persons.

C. C died on September 2008, and the Plaintiff succeeded to the instant building.

[Ground of recognition] Unsatisfy, Gap 3, 7, 8, 9, 10 evidence, the result of the survey and appraisal by the Korea Cadastral Survey Corporation, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion C purchased the instant building and its site from E who buried the instant ditch in around 1966, and purchased the instant building and its site. From around that time, the Defendant occupied the instant land with its intention to own it, and around May 14, 1992, after 20 years from May 15, 1972, which acquired the ownership of the instant land, acquired the Defendant’s right to claim for ownership transfer registration due to the completion of the prescription for possession acquisition.

However, since the plaintiff succeeded to the possession of the land of this case from C, the defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the prescription period for acquisition of possession of the land of this case.

B. Determination as to whether the possessor’s possession is an independent possession with the intention of possession or without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the title causing the acquisition of possession or the possession, the possessor should be determined externally and objectively, due to its nature.