1. In Jeju Special Self-Governing Province, the Defendant indicated the attached drawings 1, 22, 3, 40 square meters among the 5,294 square meters in Jeju Special Self-Governing Province.

1. Basic facts

A. On April 11, 1978, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 31, 1978 with respect to the land owned by Jeju Special Self-Governing Province D, Jeju Special Self-Governing Province (hereinafter “Plaintiff-owned land”). The Defendant owned the land owned by the Plaintiff as from September 5, 197, the land owned by Jeju Special Self-Governing Province 5,294 square meters (hereinafter “Defendant-owned land”).

B. The Plaintiff, in the land owned by the Plaintiff, is operating a child care center by constructing two-story childcare facilities on the land owned by the Plaintiff, which is located on the land owned by the Plaintiff, of the 1997.

다. 원고는 현재 피고 소유 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅎ, ㄱ1, ㄴ1, ㄱ의 각 점을 차례로 연결한 선내 ‘나’ 부분 93㎡(이하 ‘이 사건 계쟁토지’라 한다)을 텃밭으로 사용하며 점유하고 있다.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, result of on-site verification by this Court, result of a request for surveying and appraisal to the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff alleged that the part of the land in this case was occupied by the land in this case for not less than 20 years since the land in this case was occupied with the knowledge of the part of the plaintiff's land at the time of purchase of the land in this case on April 11, 1978, and since the commencement of possession, the defendant is obligated to implement the procedure for the registration of transfer of ownership on April 11, 1998 for the completion of the prescription period for the acquisition of possession from April 11, 1978. 2) The defendant's assertion that ① the period when the possession of the land in this case by the plaintiff in this case was the same as the indication of the attached drawing is around 197 when the plaintiff constructed the above nursery facilities, and it is not recognized that the plaintiff occupied the entire land in this case from 1978 to the whole. ② In addition, if the plaintiff purchased the land in this case including the part of the land in this case at the time of purchase of the plaintiff's land.