1. Revocation of a judgment of the first instance;

2. The Defendant indicated “1” in the attached Form No. 20 square meters in Mapo-gu Seoul Metropolitan Government.

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on November 17, 1984 with respect to a building with 40 square meters and its ground (hereinafter “Plaintiff’s land”) in Mapo-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s land”).

B. The Plaintiff’s building is a building in which part 1 of “A” as indicated in the attached Form 1 (hereinafter “instant land”) was invaded among the area of 20 square meters in Mapo-gu Seoul (hereinafter “Defendant’s land”) owned by the Defendant.

[Ground of recognition] Evidence Nos. 1, 3, Eul Nos. 2 and 18, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the land of this case is a general property, and the defendant asserts that the land of this case does not constitute an administrative property for public purposes and is not subject to prescriptive acquisition.

Public property owned by a local government is divided into administrative property and general property according to its use. Among administrative property, property for public use means property directly used or determined to be used by a local government, and administrative property shall not be subject to prescriptive acquisition, notwithstanding Article 245 of the Civil Act.

(2) Article 5(1)2 and Article 6(2) of the Public Property and Commodity Management Act provides that “The so-called natural public property, which has an entity that can be provided for public use as it is natural condition, shall be an administrative property even if there is no separate act of commencing public use.” However, so-called artificial public property such as farming roads, ditches, and roads, such as agricultural roads, ditches, etc., shall be an administrative property if it is designated by a statute or determined to be used for public use as administrative disposition, or if it is actually used as administrative property, it shall be an administrative property. Therefore, the mere fact that the land category is a road and is registered in