1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 27, 1970, Nam-gu B No. 116 (hereinafter “instant land”) and C 213 (hereinafter “B”) respectively completed the registration of ownership transfer by D on March 27, 1970. After D died in 1999, Defendant E was 3/9 shares in the instant land, and the remaining Defendants were 2/9 shares.

B. On December 5, 1975, the Defendant occupied and used the land of this case as a road since it began to occupy and use the land of this case since it divided the land of this case into the land of this case and the land of this case of this case of this case of this case of this case of this case of this case of this case from the land level of 824, Nam-gu, Nam-gu, 1975 to the road from the land category of this case of this case of this case

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Plaintiff occupied the instant land from December 5, 1975 to twenty (20) years, and it is presumed that the Plaintiff would have occupied the instant land in peace and openly held as the intent to own the instant land pursuant to Article 197 of the Civil Act. Therefore, the Defendants who jointly inherited D’s property jointly assumed the Plaintiff is liable to implement the registration procedure for transfer of ownership based on the completion of the prescriptive acquisition on December 6, 1995 with respect to the share in the attached inheritance among the instant land

3. Determination

A. If the nature of the source of possession of real estate in the relevant legal doctrine 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 is aware of the fact that the State or a local government does not have any legal requirements for the acquisition of ownership, such as where the State or a local government takes procedures for the acquisition of public property under the Local Finance Act, such as its own share or donation, or where the State or a local government incorporates a privately owned land into a reservoir site without a certain source of title