소유권이전등기
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 1981, the Plaintiff completed the registration of ownership transfer on the ground of sale on March 5, 1970 with respect to 271 square meters of land in Daegu North-gu, Daegu-gu, Daegu-gu, and on March 17, 1989, the registration of ownership transfer was completed on the ground of 22.5 square meters of land structure and 24 square meters of land of the above site, and on the ground of 17, 1989, with respect to 22.5 square meters of land structure and the
(2) On December 20, 198, the Plaintiff filed a move-in report with respect to the instant housing on December 20, 198 and resided until now.
B. On March 6, 1973, the Defendant completed the registration of initial ownership relating to B-road No. 4215 square meters adjacent to the Plaintiff’s land.
(hereinafter referred to as the “Defendant’s land”). C.
The wall and mail of the Plaintiff’s housing of this case, as indicated in the attached Form No. 2, are 67 square meters in part among the Defendant’s land of this case.
(hereinafter referred to as "the land in this case"). 【No dispute exists on the road in this case', each entry in Gap evidence Nos. 1, 2, 3, and 6 (including additional numbers)
2. The assertion and judgment
A. The plaintiff asserted that since the new construction of the plaintiff's housing in this case around 1910, the boundary and present situation have been maintained up to now. Thus, the defendant asserts that the defendant has a duty to complete the registration of transfer of ownership of the land in this case on the ground of the completion of the prescription period of possession on May 2, 1954, which was 20 years from May 2, 1934, since the date of registration of the plaintiff's ownership with respect to the land in this case, which was 20 years from the date of registration of the plaintiff's ownership.
The defendant asserts that since the land of this case is an administrative property as a road, it is not subject to the prescriptive acquisition under the Civil Act, and the possession of the plaintiff or his accessory to the land of this case constitutes the possession of the owner
B. 1) First, we examine whether the land of this case, which is the common issue in the primary and conjunctive claims, is the subject of the prescription for possession (A.m.).