Administrative property is not actually provided for official or public use and disuse

Since administrative property cannot be subject to judicial transactions unless it is abolished for public use, it cannot be subject to the acquisition by prescription, and it cannot be said that administrative property has become an official abolition as a matter of course because it has not been actually provided for public use or public use.

Article 245 of the Civil Act, Articles 5(2) and 30 of the State Property Act

Supreme Court Decision 80Da236 delivered on December 14, 1982 (Gong1983, 262) 83Meu181 delivered on June 14, 1983 (Gong1983, 1082) 92Da25489 delivered on November 10, 1992 (Gong193, 85)

[Judgment of the court below]

Korea

Supreme Court Decision 92Da8637 delivered on June 9, 1992

Gwangju High Court Decision 92Na4580 delivered on October 9, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s ground of appeal is examined (the preparatory documents submitted after the expiration of the submission period shall be deemed to the extent of supplement in case of the grounds of appeal). The administrative property cannot be subject to judicial transactions unless it is closed for public use, and thus cannot be deemed to have been abolished as a matter of course on the ground that it is not actually offered for public use or public use (see Supreme Court Decision 83Meu181, Jun. 14, 1983). Thus, insofar as there is no evidence to prove that the public use of the land of this case falling under the farmland improvement facility site under the State Property Act was abolished for a long time, even if the Plaintiff occupied the land of this case, it shall not be subject to prescriptive acquisition, and it is just in accordance with the above opinion, and there is no error of law in violation of the Constitution and laws, such as the theory of lawsuit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)