1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s entire land (hereinafter “the entire land of this case”) was owned by the deceased D (hereinafter “the deceased”), the father of the Plaintiff, and on December 30, 1970, sold to the Defendant on February 18, 1971, and the registration of ownership transfer was completed in the Defendant’s name.

B. On December 20, 2006, the Plaintiff filed an application for permission to engage in development activities aimed at “the creation of a single house site” with respect to the above land with the Gohap City Mayor, as the owner of the E land immediately adjacent to the entire land of this case, and completed a completion inspection on the above development activities on July 2007.

C. The Plaintiff installed a retaining wall on the line that connects each point of the attached Form 31, 32, 33, 34, 35, and 36, and uses the land stated in the purport of the claim (hereinafter “instant land”) as the site of his newly built house.

[Ground for recognition] A without dispute, Gap evidence 1, Gap evidence 2-5, Gap evidence 17, Eul evidence 1-5, Eul evidence 1-5, the result of this court's verification, the result of appraiser F's appraisal, the purport of the whole pleadings

2. The Plaintiff asserted that the land of this case was acquired by prescription, since the Plaintiff occupied the land of this case in peace and openly with the intent to own it for 20 years.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the prescription period for possession of the instant land to the Plaintiff.

3. Determination

A. First, as to whether the Plaintiff occupied the instant land for twenty (20) years, the Plaintiff’s completion inspection on the E-land abutting on the instant land was conducted on July 2007, and there is insufficient evidence to deem that the deceased or the Plaintiff occupied the instant land from that date.

The Plaintiff, while occupying the instant land prior to the completion inspection on the development activities, recognized the instant land as a part of G land and transferred it to another person.