Whether it is subject to prescriptive acquisition in case where a state-owned real estate which was previously used as a director of a local government office is not used for public use due to the abolition of a local government office (affirmative)

On June 4, 1949, when the Daegu District Office was abolished and the real estate used as the director's residence was not used for official use in the past, that real estate became subject to prescriptive acquisition because of its implied abolition.

Article 245 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

[Defendant-Appellee-Appellant] Sink-do, Counsel for defendant-appellee-appellant

Korea

Daegu District Court Decision 89Na8741 delivered on August 3, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below recognized, based on macroficial evidence, that the plaintiff purchased the real estate of this case owned by the U.S. military administration, which he had resided from the non-party Song Jae-si on December 19, 1949, and thereafter thereafter, he has been occupied and used in paying taxes and public charges, such as property tax, so far, and the plaintiff shall be presumed to have occupied the above real estate as the owner's intent since then, barring special circumstances. Thus, the plaintiff held that the acquisition by prescription was completed on December 19, 1969, counting from the above date when the possession of the above real estate was commenced. In light of the records, the court below's fact-finding or decision is proper, and there is no error of misapprehending the legal principles as to the violation of the rules of evidence or the attitude of possession,

2. As determined by the court below, since the establishment of the Government of the Republic of Korea on November 4, 1948, the affairs of the Ministry of Civil Affairs of the United States Armed Forces are transferred to the Ministry of Home Affairs, and the Ministry of Home Affairs established in the Ministry of Home Affairs on June 4, 1949 and has been in charge of the construction projects of the Gyeongnam-do, and its affiliated Daegu-si Office was abolished, and since then the above real estate used as the Director General of the above national highway Office was not used otherwise for public use, its real estate is subject to the prescriptive acquisition because it was permanently discontinued and its public use was removed. Accordingly, the decision of the court below that rejected the defendant's assertion on this purport, and there is no error in the misapprehension of legal principles as to the disuse of administrative property or the acquisition of prescription, such as the theory of lawsuit.

3. Therefore, the appeal shall be dismissed, and the costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice) Jinman Kim Young-ju