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1. The plaintiffs' appeal and the preliminary claims added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Determinations as to the cause of the claim and preliminary claims are examined together; (a)
On January 19, 1970, M&, the plaintiffs alleged by N, purchased the instant real estate from N, with the area of 2198 square meters in Chungcheongnam-si, P field of 1272 square meters in P field, and 1096 square meters in P field of 196 square meters in P field. Among them, the real estate of this case was purchased and possessed in a state of non-registration.
M purchased the instant real estate and died on February 11, 1997, and thereafter, the Plaintiff G owned the instant real estate by leasing it to a third party.
Thus, as to the real estate of this case, the acquisition by prescription was completed on January 18, 1990 from January 19, 1970 when M purchased it and commenced possession.
Therefore, the Defendant, as the date of the prescription for possession of the instant real estate, has the obligation to implement the registration procedure for ownership transfer on October 12, 2015 and, in addition, on July 30, 2007, for each of the following reasons: (a) the completion of the prescription for acquisition on October 12, 2015; and (b) the completion of the prescription for acquisition on July 30,
B. As to the prescription for the acquisition of real estate by prescription, whether the possessor’s possession of real estate is the possession with intention to own or with no intention to own is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of title or the possession, which is the cause of the acquisition of ownership, it should be determined externally and objectively. Therefore, it is proved that the possessor has occupied real estate owned by another person without permission, knowing well that there is no legal or other legal requirements that it would be the cause of the acquisition of ownership at the time of the commencement of the possession, or that the possessor has occupied real estate owned by another person without permission, knowing well that there is no legal or