1. All of the plaintiff's claims are dismissed.

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

Facts of recognition

The real estate stated in the primary purport of the plaintiff's claim (hereinafter "real estate of this case") was originally owned by the plaintiff, and the ownership transfer registration was completed on July 15, 1988 on the ground of the acquisition of the land for public use as of January 10, 198, and the ownership transfer registration was completed in the defendant's future on December 21, 2015 on the ground of the succession as of January 1, 1995.

[Ground of Recognition: Facts without dispute, entry of Gap evidence 1-5] The real estate of this case asserted by the plaintiff by the plaintiff by the main claimant does not have a boundary with other land owned by the plaintiff (F, G, H, I) around 190.

From around that time, the Plaintiff has occupied the main part of the instant real estate, which stated (a) in its claim(a) (hereinafter “the occupied part of the instant real estate”), as its owner’s intent to possess it in peace and openly. Since the instant real estate was acquired through an unlawful procedure, it was neither an administrative property nor an administrative property from the beginning.

Even if it is reasonable to deem that the real estate was permanently abolished, and thus, the defendant is obliged to implement the registration procedure for transfer of ownership on the ground that the acquisition by prescription for the real estate in this case by the plaintiff is completed.

Real estate owned by a local government in accordance with relevant legal principles, contribution acceptance, or statutes, and its appurtenances are “public property” under the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

(Article 2 subparag. 1 and Article 4(1)1 of the above Act. Public property is divided into administrative property and general property (Article 5(1) of the Public Property Act). One of the administrative property is “property being constructed for the purpose of use and property directly determined by a local government for public use”.

(Article 5(2)2 of the Public Property Act. Administrative property shall also be Article 245 of the Civil Act.