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1. The Defendant is based on the completion of the prescriptive acquisition on May 1, 2015, with respect to the Plaintiff’s 471 square meters in the field B of racing-si.
Reasons
1. Facts of recognition;
A. On April 21, 1992, E completed the registration of ownership transfer on the said land due to inheritance by consultation and division on January 5, 1992. The Plaintiff completed the registration of ownership transfer on October 1, 2004 on the said land on September 30, 2004.
B. On April 20, 2012, the said land was combined with F 1,448 square meters, G 2,129 square meters, and H 168 square meters, and was divided into C 6,282 square meters, and 3,417 square meters, on July 16, 2012.
C. However, based on the land survey project implemented during the Japanese colonial era, the above land and the forest survey project, which was registered on September 30, 1912, were omitted without being registered in the public cadastral book. D. The above answer No. B, located between the saidJ and the forest survey project, which was registered on October 10, 1917 (hereinafter “instant land”).
Accordingly, on October 1, 2014, the Administrator of the Public Procurement Service, based on the procedure for acquiring state-owned property in accordance with Article 12 of the State Property Act, etc., announced that a person who has a legitimate right to the instant land should report his/her right within six months and, if no report is made within the said period, the State should acquire ownership. The Plaintiff reported his/her right on November 11, 2014.
E. On the other hand, D and E’s farmland ledger drawn up on April 30, 1991, entered D and E’s farmland ledger as stated that D owned and cultivated the above land before the said subdivision, and E, the inheritor, after D’s death on April 1992, shall be deemed to have owned and cultivated the above land.
F. The Plaintiff purchased the land before subdivision from E on September 30, 2004 and had K, the husband of the Plaintiff, cultivate rice from the said land to the present day.
G. From around 1968, the instant land is used as farmland along with the said land before subdivision.
[Ground of recognition] without any dispute, Gap evidence 1, 2, 3, and 3-1, 2, 4-1, 2, 3, 5-1, 2, and 6-1 through 5, 7-1, 6-1, 6-2, and 6-1, 3, and 3-4.