1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On December 13, 1991, the Plaintiff completed the registration of ownership transfer on the ground of sale on May 10, 1986 with respect to C Forest land 3,97 square meters (hereinafter “Plaintiff’s land”).

B. The Defendant owns 2,274 square meters of forest land B adjacent to the Plaintiff’s land and north-west (hereinafter “Defendant’s land”).

C. At present, the Plaintiff is growing and occupying a part 103 square meters and a part 430 square meters in the attached Form among the Defendant’s land (hereinafter “instant B and D”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including provisional lot number circulation), the result of this court's on-site inspection, the result of this court's request for surveying and appraisal of the Korea Land Information Corporation, and the purport of the whole pleadings, the plaintiff asserted that the plaintiff purchased the plaintiff's land and occupied the part of the plaintiff's land as part of the plaintiff's land at May 10, 1986. The part of the dispute in this case was completed on May 10, 2006 after 20 years from the date of possession. Since the acquisition by prescription for the part in this case B and D was completed, the defendant is obligated to implement the procedure for the registration of transfer of ownership on May 10, 206 with respect to the part in this case b and D.

Judgment

The fact that the plaintiff occupies the part B and D of this case is as seen earlier.

However, the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence, witness D’s testimony and the purport of the entire pleadings, are as follows: (a) access to the Plaintiff’s land only on the road via the Defendant’s land; (b) it is determined as to whether the Plaintiff’s land was dead, depending on whether the Plaintiff’s land was included in the Plaintiff’s land; and (c) the instant B and D portion totaled to the extent of 13% of the Plaintiff’s land area; but (d) the Plaintiff accumulated a stone fence, including not only the instant B and D portion among the Defendant’s land but also up to 655 square meters in the attached Form, and where the said portion is combined, the area is about 1,18 square meters in the Plaintiff’s land and about 30% of the Plaintiff’s land.