1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. An elderly farmland improvement cooperative was merged with the Korea Agricultural and Rural Infrastructure Corporation on January 1, 2000. On December 29, 2005, the name of the Korea Agricultural and Rural Infrastructure Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005, and the name was changed to the Plaintiff on December 29, 2008.

B. C reservoir is a reservoir created in the daily source of the instant land around December 31, 1959. An elderly Gun registered C reservoir as a farmland improvement facility on March 31, 1987, but transferred it to the Elderly Improvement Association on November 6, 1989.

C. Meanwhile, on November 26, 1993, D completed the registration of ownership preservation on the instant land, and A completed the registration of ownership transfer on May 30, 2005 on the instant land on the ground of donation on May 25, 2005.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 6 through 8, fact-finding results for old military units of this court, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The elderly group, the main point of the Plaintiff’s assertion, around 1958, decided to purchase this case’s land and build C reservoir around 1959 for the purpose of ensuring the repair safety of the answer of the Jin-ri E-ri, Northbuk-gu, North Korea. The C reservoir was created around 1959.

After all, on November 6, 1989, the elderly farmland improvement association, the telegraph of the plaintiff, succeeded to the rights and obligations of the land of this case comprehensively, and the plaintiff occupies and manages the land of this case in peace and public performance with the intention to own it up to now.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on November 7, 2009 with respect to the instant land to the Plaintiff.

B. In a case where it is proved that the possessor occupied the real estate owned by another person without permission knowing the fact that there is no legal act or any other legal requirement that can cause the acquisition of the ownership at the time of commencement of possession, barring special circumstances, the possessor does not have an intention to reject the ownership of another person and occupy it. Thus, barring special circumstances, the possessor does not have an intention to occupy it