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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. D purchased from the E on August 12, 1977 1154 square meters, G field 148 square meters, G field 165 square meters prior to H, and I field 57 square meters, and completed each registration of ownership transfer on August 12, 1979 with respect to the above 4 lots of land (hereinafter “Plaintiff’s land”).
B. D A deceased on May 29, 1981. The heir died, and the heir has both J and children, who are the spouse, K and L, and they completed the registration of transfer of ownership based on inheritance on May 29, 1981, for each inheritance share listed in the annexed inheritance share sheet with respect to the Plaintiff’s land on December 28, 1987.
C. On May 9, 1997, the Defendant received the donation of this case’s land from Cho, Cho Jae-in, and completed the registration of ownership transfer on June 7, 1997 with respect to the land of this case due to the said donation.
E died thereafter. D.
The Plaintiff’s land and the instant land are connected with each other.
At present, there is a vinyl installed by M in the land on the part of the plaintiff, but no facilities are installed in the land of this case, and crops are not cultivated.
[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 4, and 9 (each number is included; hereinafter the same shall apply), each video of Eul evidence 4 and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion D purchased the instant land from the network E on August 12, 197, along with the Plaintiff’s land. From that time, possession of the instant land was completed by possession of the instant land in peace and public performance for twenty (20) years thereafter.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the prescription period according to each inheritance share ratio listed in the attached Form of inheritance shares in respect of the land of this case to the plaintiff and the designated parties, who are the deceased D's successors.
B. The Plaintiff, for a period of twenty years, occupied the instant land, is the Plaintiff’s land and the instant land from the network E on August 12, 197.