1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 1982, 1982, the Plaintiff purchased the said land of 77 square meters and D 119 square meters (hereinafter referred to as “Plaintiff’s land”) in Chungcheongnam-gun, Chungcheongnam-do, and completed the registration of ownership transfer.

B. Around 1982, the Plaintiff newly constructed a cement block factory building on the Plaintiff’s land (hereinafter “instant building”). On September 15, 1982, the Plaintiff registered as the Plaintiff’s ownership in the general building ledger.

C. Part of the building of this case is located on the ground level of 56 square meters in part 12, 13, 19, 20, and 12 of the annexed Table 12, 13, 19, 20, and 12, the land owned by the Defendant, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the neighboring land (hereinafter “Defendant’s land”).

From the time of the construction of the building in this case, the Plaintiff occupied part (B) and 73 square meters in the ship (hereinafter “instant land”) connected in sequence 7, 11, 10, 13, 19, 9, 8, and 7 among the Defendant’s land, including the aforementioned part of “A”, as part of the site for the building in this case.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 6, the result of on-site inspection by the first instance court, the result of surveying and appraising the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff owned the instant building for twenty (20) years from September 15, 1982, and occupied the instant land portion in peace and public performance with the intent to own the instant land. As such, the Plaintiff acquired by prescription the instant land portion on September 14, 2000 after twenty (20) years from that date.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on September 14, 2002 with respect to the part of the instant land to the Plaintiff.

B. The size of the instant building is 82 square meters and exceeds 68.5 square meters, which is the Plaintiff’s area applied for a building permit, and 56 square meters which is more than half of the size of the instant building, are located in the instant land owned by the Defendant. As such, the Plaintiff’s possession of the instant land is an owner possession.

Therefore, the plaintiff's claim.