1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 23, 1983, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 22, 1983 with respect to 139 square meters for the elderly Do, Northbuk-gun, the Plaintiff resided in the above ground house since that time. The Plaintiff removed the existing house around 1985 and newly built the existing house so far.

B. The registration of ownership transfer was completed on August 9, 1978 under the name of E (the mother of the Defendant died on January 5, 1993) and on September 7, 2007, the registration of ownership transfer was completed on the ground of donation on December 10, 1992 under the name of F (the Defendant’s punishment; hereinafter referred to as “F”), and on June 10, 201, the registration of ownership transfer was completed on June 10, 201 under the name of the Defendant on June 10, 201 and on the remaining shares on January 1/2, 4, 2017.

C. Of the instant land, the land in dispute is used as part of the Mar. 22, 1983 by the Plaintiff from March 22, 1983 to now, and among them, there are stairs connected with the roof of the Plaintiff’s house.

[Ground of recognition] Unsatisfy, result of cadastral survey, purport of whole pleadings

2. The assertion and judgment

A. Since the completion of the statute of limitations for the acquisition by possession from March 22, 1983 occupied the land in the dispute of this case, barring any special circumstance, it is presumed that the Plaintiff’s possession was made in peace and public performance as the owner’s intent. Thus, the statute of limitations for the acquisition by possession of the Plaintiff was completed on March 22, 2003, which was 20 years from the commencement date of possession.

B. Even if the acquisition by prescription against the defendant's defense (a third person after the completion of the acquisition by prescription) has been completed, the possessor cannot oppose the third person when the registration of ownership transfer has been completed with respect to the real estate to the third person, and the successor shall not receive the donation from the decedent who is the owner.