1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff is 129 square meters (hereinafter “D land”) for the Plaintiff’s land in Gyeongcheon-gun, Chungcheongnam-do.

(2) The Defendant is the owner who completed the registration of transfer of ownership on April 10, 1994 with respect to 754 square meters (hereinafter referred to as “759 square meters”) with respect to Gyeongcheon-gun, Jeoncheon-gun (hereinafter referred to as “Seoulcheon-gun”).

B. At present, the Plaintiff is currently residing on the ground of D land, and the part of the building and the site owned by the Defendant, which is adjacent to D land, occupies part of C land owned by the Defendant, and the occupied part specifically exceeds 188 square meters in the ship which connects each point of 3 through 7, 12, and 3 of the annexed drawing in sequence.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6 (if available, including branch numbers; hereinafter the same shall apply)

(1) each description and image of the evidence of Nos. (1) to (7), the appraisal result of appraiser E, the purport of the whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s father F purchased the possession portion of the instant land D and C from Nonparty G and constructed the building. On April 29, 1980, the Plaintiff donated it to the Plaintiff. Since that time, the Plaintiff occupied it as its owner’s intent and used it in a peaceful and public performance manner.

Therefore, the plaintiff acquired by prescription the part of the possession of this case on April 29, 200 after the lapse of 20 years from the plaintiff. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership on the part of this case to the plaintiff.

B. According to Article 197(1) of the Civil Act regarding the determination of whether an occupant has occupied an object with his/her intention, it is presumed that the occupant has occupied the object with his/her intention, but it is proved that the occupant has occupied the real estate owned by another person without permission with the knowledge of the absence of such legal requirements without the legal act or any other legal requirements that may cause the acquisition of ownership at the time of commencement of the possession