1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On March 10, 1943, 1943, with respect to the land of 1,689 square meters in Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter “instant land”), each registration of ownership transfer was made in the name of the defendant on February 20, 1984.

나. 원고의 증조부인 E이 이 사건 토지 중 별지 도면 표시 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 13의 각 점을 차례로 연결한 선내 ‘㈎’ 부분 230㎡(이하 ‘계쟁부분’이라 한다) 지상에 건축된 주택에서 거주하다가 E이 1951. 9. 15. 사망한 후에는 원고의 아버지인 F가 위 주택에서 거주하였고, F가 1976. 12. 3. 사망한 후에는 원고가 현재까지 위 주택에서 거주하고 있다.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts, the plaintiff continued to possess the dispute portion since February 20, 1984, for which the registration of ownership transfer was made under the name of the defendant with respect to the land of this case, and since February 20, 1984, it is presumed that the above possession was made in peace and public performance with the intention to own the land pursuant to Article 197(1) of the Civil Act. Thus, the prescription period for the plaintiff's possession of the dispute portion was completed on February 20, 2004 after the lapse of 20 years from February 20, 1984.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on February 20, 2004 with respect to the dispute portion to the plaintiff.

3. Judgment on the defendant's defense of possession of other states

A. The defendant asserts that, since E, who is the plaintiff's father, was leased and used as the part of the dispute from G, which was the defendant's father, the above lease continued to exist between F and the plaintiff, and that, since F, who is the father of the plaintiff, had not purchased the land in this case from I, the father of the defendant, around 1960, it is the plaintiff's possession.

The plaintiff, the plaintiff, E, the plaintiff's expansion assistant, leased the dispute part from G, the defendant's assistance assistant, and the plaintiff's side.