1. The defendant is based on the completion of the prescriptive acquisition on August 28, 2007, with respect to the land size of 43 square meters in Gyeongnam-gun, Chungcheongnam-do.

1. Facts of recognition;

A. On August 28, 1987, the Plaintiff purchased a house with a size of 195 square meters and its ground (hereinafter referred to as “Plaintiff-owned real estate”) from D, Chungcheongnam-do, Chungcheongnam-do, Seoul-do, and completed the registration of ownership transfer as the receipt No. 4262 on August 29, 1987 with respect to the real estate owned by the Plaintiff.

B. The Defendant completed the registration of ownership transfer on the ground of sale on December 30, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992, and invalidation) by Changwon District Court (Seoul District Court Decision 5778, Mar. 17, 1995, which was received on March 17, 1995 with respect to the land owned by the Plaintiff (hereinafter “instant site”).

C. The Plaintiff purchased real estate owned by the Plaintiff from August 28, 1987 to the date of the closing of the argument in this case, occupies the instant site by using it as a housing site and a marina.

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

2. Determination on the cause of the claim

A. Since August 28, 1987, the Plaintiff asserted that he/she occupied the instant site in peace and public performance with his/her intention to own it, the Defendant’s acquisition by prescription on March 17, 2015, which was 20 years from March 17, 1995, completed the registration of ownership transfer on the instant site, was completed.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on March 17, 2015 with respect to the instant building site to the Plaintiff on the ground of the completion of the statute of limitations for possession acquisition.

B. The Plaintiff asserts that the Defendant’s acquisition by prescription on March 17, 1995, which completed the registration of ownership transfer as to the instant site, is the starting point for acquisition by prescription.

If there is a change in the owner of the real estate during the period of possession, the claimant for the prescriptive acquisition shall choose the starting point at his own discretion or occupy it for at least 20 years retroactively.