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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On March 21, 1981, the Defendant completed the registration of ownership transfer in one’s future with the Cheongju District Court No. 19966 on the same day pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 197) with respect to the 367 square meters (hereinafter “the mother’s land of this case”).
B. On August 18, 1954, when D (Death around April 1954) was distributed to the State under the Farmland Reform Act, the inheritor acquired the land due to the completion of repayment. On March 4, 1963, the ownership transfer registration was completed in the name of deceased D.
C. On August 6, 2008, the land of this case was divided into the instant land and M& 41 square meters. D.
E (F) The Plaintiff’s husband, is registered as the owner since 1920 in the building ledger on one-story housing of 62.15 square meters and 9 square meters of a warehouse on the ground of the instant land (hereinafter “instant building”). The Plaintiff was donated the instant building from E. The Plaintiff received the donation from E.
2. The parties' assertion and judgment
A. The party’s assertion 1 of the Plaintiff E newly constructed the instant building on the instant land in around 1920 and commenced possession of the instant land, and around 1958, K purchased the instant land from H, the deceased’s denyingr.
E succeeded to the possession of the instant building and the instant land after donated the instant land from K, and the Plaintiff succeeded to the possession of the instant land after donated the instant building and the instant land to the end of December, 1992.
Since March 21, 1981, which was the date of the defendant's ownership transfer registration, the plaintiff succeeded to E and its possession, occupied the land of this case in peace and public performance with the intention of possession for twenty years from March 21, 1981, which was the date of the defendant's ownership transfer registration, the acquisition by prescription for the land of this case was completed.
Therefore, the defendant acquired the prescription of possession on March 21, 2001 with respect to the land of this case by the plaintiff.