1. The defendant completed the acquisition by prescription on December 31, 1968 with respect to the land of 175 square meters and the land of 1,230 square meters prior to the time of Jung-gu, Jung-gu.

1. Basic facts

A. Nonparty D (hereinafter “the deceased”) began to possess the land from time to time after repayment around 1948, after he received reimbursement from Jung-gu, Jung-gu, 1948. On July 27, 1961, Nonparty D completed the registration of ownership transfer under the name of the deceased.

B. The Deceased died on July 16, 1989, and the Plaintiff inherited the Deceased solely on the ground of inheritance by agreement division.

C. On May 6, 1993, the Defendant completed the registration of ownership transfer in the name of the Defendant on September 11, 1948 with respect to the land of 175 square meters and 1,230 square meters prior to Jung-gu, Jung-gu, Seoul (hereinafter “each land of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion obtained ownership by occupying each of the instant lands from around 1948 to at least 20 years, or the Deceased acquired ownership by completing reimbursement of each of the instant lands around 1959 upon the repayment of each of the instant lands around 1948.

Therefore, the Defendant, who is the registered titleholder of each land of this case, shall transfer the ownership of each land of this case to the Plaintiff, the deceased’s inheritor.

B. 1) The possessor is presumed to have occupied the land in good faith, peace, and public performance with his own will (Article 197(1) of the Civil Act). We examine whether the Defendant occupied each of the instant land for 20 years. 2) The following facts can be acknowledged in full view of the written evidence Nos. 2 through 7 and the fact-finding results of this court’s fact-finding as to whether the Defendant occupied the instant land for 20 years.

① The Deceased received reimbursement of F land in 1948, and each of the instant lands was divided from the said E land around December 10, 1954.

② Each of the instant lands has been cultivated as adjoining to the said E land, referring to the said E land, and vice versa.

③ Before the death of around 1989, the Deceased was a farmer on each of the instant land, and the Deceased.