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1. The Defendant indicated in the attached Form No. 10, 2, 3, 4, 19, 18, 17, 16, 15, 13, 13.
Reasons
1. According to the reasoning of the judgment on the cause of the claim No. 1 through No. 3, and the result of the appraisal commission with respect to the Seocho branch of the Korea Land Information Corporation, it is recognized that the Plaintiff, on May 7, 2008, acquired 1/2 shares of the size of B 3,848 square meters and acquired the remainder of 1/2 shares on May 29, 2013, and the Defendant, on the land, installed cement packaging roads in the attached Form No. 10, 2, 3, 4, 19, 18, 17, 16, 15, 14, 13, 12, 100 square meters (hereinafter “instant part of land”).
Therefore, according to the above facts, the defendant is obligated to remove the cement packaging road and deliver the part of the land of this case to the plaintiff who is the owner of the above land, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The defendant asserts that the acquisition by prescription of possession had acquired by prescription the part of the land of this case since the 1990s since the defendant used the part of the land of this case as the road and occupied it in a peaceful and public manner with the intent
If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace and public performance with the intention of ownership pursuant to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government, which is the managing body
However, in a case where it is proved that the possessor has occupied the real estate owned by another person without permission even though he/she was aware of the absence of such legal requirements as to the legal act or any other legal requirements which may cause the acquisition of the ownership at the time of the commencement of possession, the presumption of the possession with intention to hold it
This is the case where the state arbitrarily incorporates the private land into the road site without a title to occupy the land.
Therefore, cadastral records, etc. concerning land incorporated into road sites are 6.25.