1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) completed the acquisition by prescription on January 1, 1995 with respect to the Plaintiff-Counterclaim Co., Ltd. 348 square meters in smuggling.

The fact that from January 1, 1975, the Plaintiff’s determination on the cause of the claim for judgment on the main claim is carrying out the reclamation work for the land in the form of land C, including land C, and has occupied and cultivated bamboo trees, etc. on the land from January 1, 1975 to March 3, 200 is not in dispute between the parties, or may be recognized by the respective entries and images of evidence Nos. 4 through 11 (including each number), and the purport of the entire pleadings.

Since the possessor is presumed to possess the land in peace and public performance with his own intent (Article 197(1) of the Civil Act), it is presumed that the possession of the Plaintiff’s land C was made in peace and public performance with his own intent.

Therefore, the acquisition by prescription for the Plaintiff’s land C was completed on January 1, 1995. Thus, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the acquisition by prescription for the said land to the Plaintiff, barring any special circumstance.

Around January 13, 1973, F, a land owner E, sold each part of the land C, H, C, and I among the land E (which was divided into G, H, C, and I around April 18, 1979) to the Defendant.

However, at around 1974, the Plaintiff developed land around J land (land category: road) which served as a boundary for the previous land while developing the land of G, H, C, and I, including the land of G, H, and I, and thereafter occupied C land without permission from around that time, by including C land as subject to clearing even though it is well aware that C land is owned by the Defendant.

On the other hand, in the E land around April 18, 1979, the land G and the land C was successively divided from the land G. On March 11, 1980, the Defendant completed the registration of ownership transfer on the land due to sale on January 13, 1973 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Mar. 11, 1978).

However, as above, the Plaintiff.