1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 12, 1965, G completed the registration of ownership transfer with respect to the land of this case on March 16, 1972, after G died on December 16, 1972, Defendant D’s 315/528 shares as to the land of this case, and the remaining Defendants inherited 71/528 shares, respectively.

B. On June 13, 1963, the Plaintiff: (a) changed the land category of the instant land into a road; and (b) provided it to the general public for traffic, and thereafter, occupied and used the instant land as a road since its commencement.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1, 2, 6 and 7 (including branch numbers in the case of virtual numbers) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff occupied the instant land from June 13, 1963 to 20 years, and is presumed to have occupied the instant land in peace and openly with the intent to own the instant land pursuant to Article 197 of the Civil Act. Therefore, the Defendants jointly inherited G’s property to the Plaintiff is obliged to implement the procedure for the registration of ownership transfer on June 13, 1983 for each of the instant Defendant’s shares listed in the separate inheritance shares list among the instant land.

3. Determination

A. If the nature of the title of the real estate’s possession is not clear, the possessor shall be presumed to have occupied the land in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. However, the State or a local government can prove that it occupied the land without any specific title, such as where the State or a local government initiates the procedure for acquiring public property, such as its own share or donation, or incorporates the land into the reservoir site without any specific title, such as obtaining the owner’s consent to use.