A. On March 4, 1971, the real estate listed in the separate sheet (hereinafter “instant land”) had completed the registration of ownership transfer under the name of the deceased J, and the deceased on December 30, 1982.

B. The instant land is offered to the general public for the passage of the land used as a road from November 14, 1973 to the present day after it was designated as the route of the motorway on December 8, 1971 through a public announcement of the commencement of use of the motorway on November 10, 1973.

C. Meanwhile, as the heir of the network J, the Defendant (Appointed Party; hereinafter referred to as the “Defendant”) and the Appointed E (No. 3/16 shares), the Appointed Party F, G, H, I (No. 2/16 shares) and Defendant B and C (hereinafter referred to as “Defendants, etc.”) respectively.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion asserts that the Plaintiff shall complete the registration of ownership transfer based on the completion of the prescriptive acquisition as to the pertinent land, inasmuch as the Plaintiff occupied the instant land in peace and openly for at least 20 years, and the prescriptive acquisition has been completed.

As to this, Defendant A asserts that since the Plaintiff occupied the instant land without permission, the prescriptive acquisition of the said land is not recognized.

B. As seen earlier, the Plaintiff’s designation of the instant land as a motorway route from November 14, 1973 to the date of possession by the general public is presumed to have occupied the said land in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. Such presumption is equally applied to the possession by the State or a local government, which is the managing body of the cadastral record, etc. Therefore, barring any special circumstance, the Plaintiff acquired the instant land by prescription on November 14, 1993, for which 20 years have elapsed since the date of possession.