1. The Defendant indicated in the attached Form 25, 30, 10, 11, 12, 13, 14, 33, 34, 28, 27, among the area of 172 square meters in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.

1. Facts of recognition;

A. On February 4, 1978, the ownership transfer registration was made on September 26, 1984 by the deceased G (hereinafter “the deceased”) for sale, and on October 13, 2003, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by agreement and division. The Plaintiff completed the registration of ownership transfer on October 13, 2003.

B. The Defendant completed the registration of ownership transfer on the ground of donation on January 31, 2002 with respect to the Yongsan-gu Seoul Metropolitan Government 172 square meters.

C. Meanwhile, prior to the Deceased’s acquisition of ownership of the instant building site and building, part of the instant building, which was connected in sequence to each of the items indicated in the separate sheet No. 25, 30, 10, 11, 12, 13, 14, 33, 34, 28, 27, 26, and 25, among the land owned by the Defendant, occupies part of the instant building (hereinafter “part of the instant building site”) 10.5 square meters in proportion to the portion of the instant building site. Of the part of the instant dispute, it also includes stone as to the land owned by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, and 9 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. A person who occupies real estate in a peaceful and public performance manner with the intention to own it for twenty (20) years acquires ownership by registering it (Article 245(1) of the Civil Act). Since the possessor of an article is presumed to have occupied it in good faith, peace, and public performance with the intention to own it (Article 197(1) of the Civil Act). If the possessor claims the acquisition by prescription, he/she does not bear the burden of proving his/her own intention. Rather, he/she bears the burden of proving the possessor’s possession without the intention to own it.

(See Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997, etc.). In addition, when calculating the period of prescriptive acquisition, the owner of the relevant real estate has changed during the period of possession.