1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 1, 1970, the Plaintiff purchased 129 square meters (hereinafter “D land”) from Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-do (hereinafter “Seoul-do”) and completed the registration of ownership transfer on September 10, 1979.

B. On September 17, 1979, the Plaintiff newly constructed two-story buildings (a building area of 87.11 square meters; hereinafter “instant building”) on D’s land by obtaining a building permit on March 2, 1981, and completed registration of initial ownership on September 29, 1988.

C. However, since the building was constructed on March 2, 1981, it was confirmed that not only D land, but also 19 square meters (the Defendant completed the registration of preservation of ownership on February 24, 1972; hereinafter “B”) in the attached Form No. A, B, C, D, E, and A, which connected each point in the adjacent map No. 19 square meters (hereinafter “instant land”).

[Ground of recognition] In the absence of dispute, entry of Gap evidence Nos. 1, 2, 3, 4, 8, 9, Eul evidence Nos. 1, 2 and 3 (including each number; hereinafter the same shall apply), Gap evidence Nos. 5 and 11, and appraiser E's survey and appraisal, the result of a fact inquiry about the elderly group of this court, the purport of the whole pleadings.

2. The plaintiff's assertion completed the prescriptive acquisition on March 2, 2001, after 200 years from the date of possession, since the plaintiff occupied the land of this case in peace and openly as owner's intention from March 2, 1981.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff on the ground of completion of prescriptive acquisition.

3. In order to complete the prescription for the acquisition by possession of the land owned by another person, the person must occupy the land in peace and openly for twenty (20) years with the intention to own the land.

The possession of the possessor is presumed to be the possession with independence, good faith, peace, and public performance, but it may be the cause of acquisition of ownership at the time of commencement of possession by the possessor.