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1. The Defendant completed the acquisition by prescription on November 1, 2013 with respect to real estate 2 and 3 listed in the separate sheet to the Plaintiff.
Reasons
1. Basic facts
A. On August 22, 1987, the Defendant acquired the ownership of the land indicated in the annexed sheet No. 1 (hereinafter “net land”) on November 28, 1988, the land listed in the annexed sheet No. 2 (hereinafter “net land”) on November 28, 198, the land listed in the annexed sheet No. 3 (hereinafter “net 3 land”), the land listed in the annexed sheet No. 4 (hereinafter “net 4”) on July 6, 1989, the land listed in the annexed sheet No. 5 (hereinafter “net 5”) on July 6, 198, and all of them.
B. At around 1989, the Defendant completed the instant housing construction project (hereinafter “instant housing construction project”) on the ground of Yongsan-dong 473-3, Yongsan-gu, Northern-gu, 1989, and on the ground of 4777 of the same Act around 1990, the Defendant provided the land Nos. 2 through 5 as the passage of the apartment occupant and the neighboring residents.
C. The Defendant sold a lot of 355-1,207 square meters in Seogdong-dong, Chungcheongnam-dong as a housing site. The No. 1 land is divided from the above land, and is used as a road connecting the divided land with the existing road. Since around 190, the Plaintiff occupied and used each of the instant land as a road.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including each number), the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, since from around 1990 to 20 years, the Plaintiff has occupied and managed each of the instant lands in peace and openly with the intent to own them. As such, the lapse of 20 years thereafter was completed on November 1, 2013, which the Plaintiff asserted on November 1, 2013.
Therefore, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on November 1, 2013 with respect to each of the instant land to the Plaintiff, barring any special circumstance.
3. Judgment on the defendant's defense
A. As to this, the defendant is entitled to each of the lands of this case.