1. The defendant is based on the completion of the prescriptive acquisition on February 28, 2005, with respect to the land size of 1071 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

1. Basic facts

A. On December 18, 1984, the Defendant completed the registration of ownership transfer with respect to the land of this case (hereinafter “the instant land”).

B. Meanwhile, from February 1985, the Plaintiff’s attached D (hereinafter “the deceased”) occupied and used the instant land from around February 1985 to around January 17, 1992, and thereafter, the Defendant succeeded to the possession of the deceased and has been occupying and using the instant land until now.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it can be recognized that the deceased and the defendant occupy the land of this case from February 1985 to the present 20 years. According to Article 197 of the Civil Act, the above possession is presumed to have been conducted in peace and public performance with their own intent.

Therefore, barring special circumstances, the Plaintiff acquired the instant land by prescription on February 28, 2005 after the lapse of 20 years from the above occupancy commencement date. Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on February 28, 2005 for the instant land to the Plaintiff.

3. Judgment on the defendant's assertion

A. As to the defendant's assertion, the defendant agreed to cultivate the land of this case in return for the deceased's landing of a tombstone between the defendant's father and the defendant's father. The deceased started to occupy the land of this case with the knowledge that the land of this case was owned by others. Since the deceased started to occupy it with the knowledge that it was owned by others, the possession of the land of this case by the defendant who succeeded to the possession of the deceased and the deceased constitutes bad faith unauthorized possession, and since February 1985, the deceased and the plaintiff did not occupy and use the land of this case for over 20 years.

B. The acquisition by prescription as to one-time possession is an element for independent possession.