1. 피고는 원고에게 전남 고흥군 C 임야 4,066㎡ 중 별지 감정도 표시 ㄱ, ㄴ, ㅁ1, ㅋ, ㅌ, ㅍ, ㅎ,...

1. Basic facts

A. On December 17, 1990, the Defendant purchased 4,066 square meters of land C from Da-gun, Jeonnam-gun (hereinafter “instant forest”) and completed the registration of ownership transfer on December 21, 1990.

나. 원고는 1991년경 이 사건 임야 중 중 별지 감정도 표시 ㄱ, ㄴ, ㅁ1, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㄱ의 각 점을 순차 연결한 선내 (가)부분 2,396㎡(이하 ‘이 사건 토지’라고 한다)와 선내 (나) 부분 사이에 참나무를 심어 그 경계목으로 삼았다.

C. From July 5, 1992, the Plaintiff occupied and managed the instant land from around July 5, 1992 to the present date.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 7, 11, 12, 14, 15, and 16 (including each number), the result of the appraisal commission by this court, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since it is presumed that the Plaintiff had occupied the instant land in peace and openly for twenty (20) years or longer since the Plaintiff commenced possession on or around July 5, 1992, it shall be deemed that the prescriptive acquisition of the instant land was completed on or around July 5, 2012 after the lapse of twenty (20) years from July 5, 1992.

Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership on July 5, 2012 with respect to the instant land to the Plaintiff on the ground of the completion of acquisition by prescription.

B. The defendant's assertion is alleged to the effect that the plaintiff's possession of the land of this case is not an independent possession, but a bad faith illegal possession. However, it is not sufficient to recognize the above only by the descriptions of evidence Nos. 1 through 5, and there is no other evidence to acknowledge it

(A) The Plaintiff’s purchase of the instant land by mistake and possession of the instant land as part of the E Forest. The Defendant’s assertion is without merit.

3. The plaintiff's claim for the conclusion is justified and acceptable.