1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The facts subsequent to the facts of recognition may be found in Gap evidence Nos. 1 to 8 (including branch numbers), by integrating the whole purport of the pleadings.

I acquired ownership on February 23, 1956 with respect to 2,500 m2,500 m25 m25 m25 m2 in Nam-gu, Nam-gu.

B. On June 15, 1956, the above N land was divided into the above J land and the land in this case, and the above M land was divided into the above M land and the K land in this case on the same day.

C. On June 25, 1956, the land category of the instant case was changed from “the road” to “the road,” and the Plaintiff has occupied and used the instant land as a road site from that time to that time.

C. As I died on January 20, 2010, the Defendants jointly inherited his property as indicated in the calculation table of the shares in inheritance.

2. The summary of the Plaintiff’s assertion is that the Plaintiff occupied the instant land from June 26, 1956 to 20 years, and is presumed to have occupied the instant land in peace and openly and openly with the intent to own the instant land pursuant to Article 197 of the Civil Act. Therefore, the Defendants who jointly inherited the I’s property jointly assumed that the Plaintiff is liable to implement the registration procedure for ownership transfer on June 26, 1976 for the share in the final inheritance among the instant land for which the acquisition by prescription was completed.

3. Determination

A. If the nature of the source of possession of real estate 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 knowingly knows that there is no legal requirement for the acquisition of ownership, such as where the State or a local government takes procedures for the acquisition of public property, such as its own share or donation, or incorporates a private land into a reservoir site without a certain source of title, such as obtaining the consent of its owner, etc.