1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The land in Gyeyang-gu Incheon Metropolitan City is originally owned by 1/2 shares of D and E, respectively, and co-ownership shares were transferred as shown below.

1/2 Equity D 1/8 Equity D 3/16 Equity on April 29, 1949, and F 3/16 equity on March 14, 1983, and 3/16 equity on March 14, 1983, and November 20, 200, Plaintiff 7/8 equity on January 7, 2010, J. 17, 2020, and L3/16 equity on January 17, 2020, and Plaintiff 3/16 equity on March 14, 1983, and Plaintiff 2/12/16 equity on May 24, 1986, respectively.

B. On October 29, 198, the Plaintiff newly constructed three buildings without permission on the part of the instant land (hereinafter “the instant site part”) that connects each point of which, in turn, falls under the indication 1, 10, 9, 8, 11, 12, 13, 14, 22, 21, 19, 20, 5, 4, 3, 2, and 1 among the instant land (hereinafter “the instant site part”), and owns it up to the present day.

[Grounds for recognition] The descriptions and images of Gap's 1-6 and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff occupied the instant part of the instant site as the intention to own it for twenty (20) years from October 23, 1996, at the latest, and the Defendant is obligated to implement the registration procedure for transfer of ownership on October 23, 2016 with respect to the instant part of the site as to the one-eight (1/8) share.

3. Determination 1) The Defendant owned 1/8 shares of the instant land, and the fact that the Plaintiff owned a building on the ground of the instant land for twenty (20) years from October 23, 1996 that the Plaintiff possessed the part of the instant land by owning the building on the ground of the instant land is presumed to have occupied the said part in peace and public performance with the intention of possession (Article 197(1) of the Civil Act). However, even if one of the co-owners occupies all or part of the instant land, it shall be deemed to have occupied it within the limit of shares of other co-owners, barring any special circumstance.

(See Supreme Court Decisions 95Da51861 delivered on July 26, 1996, and 2004Da63484 delivered on May 12, 2005, etc.). According to the above findings, the Plaintiff is only one co-owner of the instant land, and the Plaintiff is only one co-owner of the instant land.