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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following facts are acknowledged in full view of the results of the first instance court’s on-site verification of the causes for the claim: Gap evidence Nos. 16, 17, 19, 20, 22 (including paper numbers), Eul evidence Nos. 5, 6, 13, 14, 15, and 16; Eul evidence Nos. 5, 6, 16, 14, 15, and 16; the testimony of the witness at the first instance court; the result of the first instance court’s request for the measurement
In around 1950, the deceased M was distributed from the Republic of Korea “10 square meters prior to the CO in Thai-gun, Chungcheongnam-do, Chungcheongnam-do, and completed repayment on March 31, 1951. The deceased M cultivated the land of this case as dry field from around that time to the time of death, and otherwise did not cultivate other land by distributing it.
After the death of the network M, the network N occupied the land of this case as dry field.
Around 1950, the Network P cultivated the instant land from the Republic of Korea to April 15, 198 and did not otherwise cultivate any other land by distributing it to the Government of the Republic of Korea “270 square meters and approximately 130 square meters prior to the CO in Tae-do, Chungcheongnam-do.” The network P and his family members cultivated the instant land from that time to March 31, 1956.
On April 15, 1988, the network N purchased real estate including “O” from the wife Q, etc. of the net P, and from that time, it occupied the land No. 2 as dry field while cultivating it.
After the deceased on September 10, 2015, the heir has occupied the land Nos. 1 and 2 in this case as dry field.
Land redeemed as “OB” had eight parcels, including “O, 100 square meters, 270 square meters, and 130 square meters prior toO, but among them “2 parcels” at 600 square meters prior to and prior to “O,” 1000 square meters prior to the filing of a lawsuit for ownership transfer registration, and “V,” and “one parcel at 700 square meters prior to W,” shall be “XB 77 square meters.”