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

A. On June 8, 1990, the Plaintiff completed each registration of the transfer of ownership on the ground of sale on April 19, 1990 with respect to the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 85.6 square meters, D large 6.3 square meters, and 4 stories above ground (hereinafter “instant building”).

B. On February 2, 1990, the Defendant completed the registration of ownership transfer on the ground of succession on May 1, 198 with respect to the land B of Seodaemun-gu Seoul Metropolitan Government 4.3 square meters (hereinafter “instant land”).

C. Among the instant buildings, the wooden part of India’s seat is located on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1, Gap evidence 3-1, and the purport of whole pleadings and arguments

2. The assertion and judgment

A. On June 8, 1990, the Plaintiff purchased the instant building and commenced possession from that time. Since part of the instant building was located on the instant land and occupied it in peace and openly with intent to own it for a period of 30 years, the Plaintiff acquired the instant land by prescription. Accordingly, the Defendant asserts that the Plaintiff is liable to implement the procedure for the registration of transfer of ownership based on the completion of the prescriptive prescription on June 10, 2010, while the Defendant asserted that he is not subject to prescriptive acquisition as it is administrative property.

(b) Notwithstanding Article 245 of the Civil Act, any administrative property among the public property, such as real estate owned by a local government in accordance with the burden of the relevant local government, contribution acceptance, or legislation, shall not be subject to prescriptive acquisition (Article 2 subparag. 1, Articles 4(1)1, 5, and 6(2) of the Public Property and Commodity Management Act), even if the prescriptive acquisition of general property has been completed, insofar as the general property becomes administrative property, the registration of ownership transfer based on the completion of prescriptive acquisition shall not be filed.

Supreme Court Decision 96Da10782 delivered on November 14, 1997