1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the first instance is as follows, except for the addition of Paragraph 2 to the determination of the Defendant’s claim for the prescriptive acquisition additionally added in the trial, and thus, the reasoning of the judgment of the first instance is identical to that of the first instance.

2. Additional determination

A. Since the Defendant’s assertion was determined and announced as a road zone by Article 12 of the Urban Planning Act and the Construction Division X on March 9, 1978, the Defendant occupied and used the instant land as a road site.

Therefore, as of March 9, 1998, the defendant's acquisition by prescription of possession of the land of this case was completed.

B. Determination 1) Even if the State publicly announced the determination of a road zone under the provisions of the Road Act, it cannot be deemed that the State commenced the occupation of the site of the road zone only by the public announcement of the determination of the road zone, barring special circumstances, such as where it appears that the State had an intention to exclude the de facto controlling entity from the possession management by the said public announcement (see, e.g., Supreme Court Decision 2000Da14934, 14941, Dec. 8, 200). Thus, the public announcement of the determination of the road zone of the Defendant’s assertion alone cannot be deemed that the Defendant occupied the land of this case from that time, and there is no evidence to prove that the Defendant actually controlled the land of this case from the date of the public announcement, or that the Defendant had an intention to exclude the de facto controlling entity from the possession management by the said public announcement.2) Meanwhile, it is difficult to recognize that the evidence presented by

3. Ultimately, the defendant's above assertion is without merit.

3. The judgment of the court of first instance is legitimate, and all appeals of the defendant are dismissed. It is so decided as per Disposition by the assent of all.