1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner on the registry of 294 square meters of the land in Incheon po-gun, Incheon po-gun (hereinafter “instant land”). The Defendant is the owner on the building register of a single-story housing of 294 square meters of land in Incheon po-gun, Incheon po-gun, and the owner on the building register of a single-story housing of 51 square meters (hereinafter “instant housing”).

B. The instant house was unregistered and registered in the first building ledger around 1977 as a building for which the network D (hereinafter “the network”) was newly built.

C. Meanwhile, the Deceased died on July 7, 1975, and at the time, there was the defendant, his spouse, his spouse, the South and North, the defendant, his spouse, the three South and the plaintiff, F (2 South), G (4), and H (5 South and North).

The Plaintiff and the Defendant were born in the instant house, and the family members of E and F other than the Defendant were living in the instant house at the time of the deceased’s death.

[Evidence Evidence] Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. After the Plaintiff’s assertion died on July 7, 1975, the deceased, who was the small part of the house, managed the property within the house, distributed the instant building site and the housing to the Plaintiff according to the deceased’s intent.

The Plaintiff has occupied the instant house as its owner for 43 years from July 7, 1975 to the present.

The Defendant is obligated to implement the registration procedure for transfer of ownership on July 8, 1995 with respect to the instant housing to the Plaintiff.

B. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intention. Therefore, in cases where the possessor asserts the acquisition by prescription, he/she does not bear the burden of proving his/her own intention. Rather, the possessor bears the burden of proving the establishment of the acquisition by prescription by asserting that the possessor has no intention to own it, and the possessor has the intention to own it in the prescription of the acquisition by prescription.