1. The defendant is based on the completion of the prescriptive acquisition on September 4, 2006 with respect to the land size of B 1,230 square meters prior to Jinju-si.

1. Facts of recognition;

A. The land cadastre of the B B was converted into the area of 372 square meters prior to Jinju-si (1230 square meters thereafter; hereinafter “instant land”). After having undergone the assessment on November 3, 1913, D is indicated as the transfer of each ownership on October 3, 1927, and E on December 3, 1927.

On September 4, 1986, the defendant completed registration of preservation of ownership of the land of this case.

B. Since the 1950s, F was killed on December 19, 1984 by occupying and leaving the land of this case while cultivating daughters, etc.

Since 1985, the plaintiff succeeded to the land of this case and thereafter possessed and used the land of this case while cultivating ancillarys, and paid the property tax on the land of this case since 1985.

[Ground of recognition] The descriptions of Gap evidence 1 to 6 (including paper numbers), the witness G's testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the plaintiff's cause of action, the plaintiff has occupied the land of this case since the 1950s by succeeding to F's possession, which is the former occupant, for not less than 20 years. It is presumed that the plaintiff has occupied the land of this case in a peaceful and public manner

Therefore, after the commencement date of possession, the acquisition by prescription of possession of the instant land was completed on September 4, 2006 after the lapse of 20 years from September 4, 1986, which was the date of the Defendant’s registration of ownership preservation that the Plaintiff sought from the commencement date of possession.

Therefore, on September 4, 2006, the defendant should implement the registration procedure for transfer of ownership on the land of this case to the plaintiff.

3. Judgment on the defendant's assertion

A. At the time of the Defendant’s assertion F’s commencement of possession of the instant land in the 1950s, there is no evidence to acknowledge that F purchased the instant land in sequence through H.

Considering these points, F's occupation constitutes an illegal occupation in bad faith, and the occupation of the plaintiff who succeeded to it also constitutes an illegal occupation in bad faith.

(b)the possessor himself/herself is the same as sale or donation.