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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Case summary
A. The Plaintiff owns the real estate listed in the [Attachment 1] No. 1 of the real estate list No. 2 of the attached Table No. 1 (hereinafter “instant land”), and Defendant C and D owned the real estate listed in the [Attachment 2] No. 2 of the real estate list No. 2 of the attached Table No. 1 of the real estate list (hereinafter “instant land”), and Defendant C and C share the shares of 2/3 of the shares of the Defendant and the shares of 1/3 of the Defendant D as Defendant D, regardless of whether they were expropriated in Yeongdeungpo-gu Seoul Metropolitan Government on May 21, 2007 and were expropriated in Yeongdeungpo-gu Seoul Metropolitan Government on May 21, 2007.
B. From June 26, 1985, the Plaintiff resided in a temporary building on the Plaintiff’s land (hereinafter “existing building”) and completed the registration of ownership transfer on February 13, 1988 after purchasing the Plaintiff’s land on September 16, 1985.
C. Around April 1988, the Plaintiff removed a temporary building on the Plaintiff’s land and newly built a house on the first and second floors on the ground (hereinafter “instant building”) and continued to reside in the said house with approval for use on December 28, 1988 (hereinafter “instant building”).
However, among the Plaintiff’s land, this case’s building was constructed in the following sequence 2, 14, 15, 16, 17, 3, and 2 of the attached Table Nos. 2, 3, 17, 18, 19, 20, 21, 21, 4, and 3 of the attached Table No. 2 among the land No. 2 and the attached Table No. 3, 17, 18, 19, 20, 21, 4, and 3.
[Reasons for Recognition: Facts without dispute, Gap evidence 1 to Gap evidence, Gap evidence, Gap evidence, Gap evidence, Gap evidence, the purport of whole pleadings]
2. Assertion and determination
A. It is presumed that the Plaintiff occupied the instant land as its owner’s intention, and at least from December 28, 198, the Plaintiff occupied the instant land in a peaceful and public performance manner from December 28, 198 upon obtaining approval for the use of the instant building.
Therefore, the plaintiff asserts that the land of this case was acquired by prescription.
(b)the possessor shall be his own will;