A. On August 21, 1964, the registration of ownership transfer was completed on August 21, 1964 with respect to the road B, Seongbuk-gu Seoul Metropolitan Government road (hereinafter “instant road”).

On May 12, 1984, the registration of ownership transfer was completed on May 9, 1984 on the land of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant land”) and on the ground wooden fixtures and 47.04 square meters of multi-story housing (hereinafter “instant housing”). < Amended by Presidential Decree No. 12743, May 9, 1984>

B. As above, the Plaintiff purchased the instant land and the instant housing and possessed it after completing the registration of ownership transfer on May 12, 1984. On October 6, 1960, the Plaintiff is constructed on the ground of the attached Table 2, 3, 4, 5, and 2, which connected each point of the road of this case, among the roads of this case where part of the instant housing recorded in the register is adjacent thereto.

[Recognition] Facts without dispute, entry in Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since May 12, 1984, the Plaintiff continued to possess the dispute part of the road in this case from May 12, 1984 to the date, it is reasonable to deem that the acquisition by prescription has been completed by occupying the dispute part of the road in peace and openly with the intention to own it for at least 20 years.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on May 11, 2004 with respect to the dispute over the part among the roads in this case, for which 20 years have elapsed since the date of possession commencement.

B. The defendant's assertion argues that the road of this case is not subject to prescriptive acquisition because it constitutes administrative property.

Article 7 (2) of the State Property Act provides that "it shall not be subject to the acquisition by prescription, notwithstanding Article 245 of the Civil Act, the administrative property shall not be subject to the acquisition by prescription," so in order to complete the acquisition by prescription for the State property.