소유권보존등기말소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation concerning this case is as follows: (a) the third part of the judgment of the court of first instance (“1956......”; (b) the third part of the judgment of the court of first instance “1959.9”; and (c) the “holder of the right” of the second part of the judgment of the court of first instance “the right holder” “the right holder,” respectively; and (d) the Defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, it
2. Additional matters to be determined;
A. Since the land No. 1 in the attached list of the Defendant’s assertion was restored to a road on December 30, 1958, the acquisition by prescription was completed by an ombudsman who occupied the land in good faith, peace, and openly with the Defendant’s intent to own it. Since the forest land in the Gyeonggi-gun, which was the land before the division of the land in the attached list No. 2 through No. 6, is reverted to the property devolving upon the Defendant, the registration of preservation of ownership in the name of the Defendant as to the land No. 1 through No. 6 in the attached list corresponds to the substantive relationship
B. Determination 1) According to Gap evidence No. 4-1, the fact that the land category was changed to a road on December 30, 1953 is recognized as the fact that the land category was changed to a road on December 30, 1953.
However, it cannot be deemed that the State or a local government that manages a road solely based on the fact that the land category has changed into a road does not have occupied the land as its owner’s intent (see, e.g., Supreme Court Decision 97Da3262, Jul. 23, 199). The Defendant, as a de facto controlling entity, is a road manager by performing construction works on the land in question, where possession was commenced as a road management authority or a road zone was established by either public announcement of the recognition of routes and determination of road zones under the Road Act as to the land No. 1 listed in the attached list, or by performing an urban planning project under the Urban Planning Act, which is not commonly used for public traffic.