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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 3, 1980, A, a ditch A,923 square meters (hereinafter “instant land”) was registered in the forest land register on March 3, 1980, and the Defendant completed registration of preservation of ownership on the said land on November 13, 1987.
B. The Plaintiff currently occupies a factory site for a part of 2,514 square meters in a ship (hereinafter “the part occupied in this case”) that connects each point of 8,9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 8 in sequence among the land in this case.
C. At present, there is no ditch in the occupied part of the instant case, and there is a ditch in B on the racing-si adjacent to the instant land.
[Ground of recognition] without any dispute, entry of evidence Nos. 1-4, 3, and 4, on-site verification result of this court, appraiser C's survey and appraisal result, the purport of the whole pleadings
2. The plaintiff's assertion
A. D, from May 4, 1989, to use neighboring land, including the instant land as land for a factory, purchased 17,421 square meters of FJ forest land and parts adjacent to G land in the instant possession, and completed the registration for transfer of ownership. On November 10, 1989, D purchased parts adjacent to G river 195 square meters, I 1,451 square meters from H, and part adjacent to G land in the instant possession, and completed the registration for transfer of ownership in the name of J on December 16, 199.
B. At the time of the purchase of each of the above lands as above, D was merely growing bean and rice plants in the possession part of this case, and was in fact a ditch was in the vicinity of the above land. Since the boundary between the above ditches and the land in this case was clear since there was an embankment, the land in this case cannot be deemed as administrative property, so long as the state does not actually use the land in this case as a ditch, it shall be subject to prescriptive acquisition.
C. D At least the part of the possession of this case, at least finally purchased each of the above land, including the part of the possession of this case.