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1. The defendant completed the acquisition by prescription on August 6, 1957 with respect to each real estate listed in the separate sheet to the plaintiff.
Reasons
1. Basic facts
A. Each land listed in the separate sheet (hereinafter “each land of this case”) was owned by the Defendant’s outer helper B, and the Defendant completed the registration of ownership transfer by agreement division on February 1, 1953.
B. Each of the instant lands is used as a site for a railroad station in the vicinity of the Ansan Line, which was opened on August 6, 1937 and used until December 31, 1995. The instant land is currently occupied and used as a site for a railroad station in the vicinity of the Ansan Line.
[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 9, and the purport of whole pleading
2. Determination:
(a) If the nature of the source of possessory right of real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance in accordance with Article 197(1) of the Civil Code, and such presumption shall also apply to cases where the State or local government which is the managing body of cadastral records, etc. occupies
In addition, the state or local government has failed to submit documents on the acquisition procedure of land claiming the completion of prescriptive acquisition.
However, it cannot be readily concluded that the State or a local government occupied the land with the knowledge that there was another person registered as the owner in the cadastral record, etc. due to the failure of the cadastral record, etc. on the land in the field of 6.25 pages or the absence of any other reason. In light of the circumstance and purpose of the occupation, in a case where the State or a local government appears to be difficult to exclude the possibility that the State or a local government lawfully acquired the ownership by undergoing the procedure for acquiring public property at the time of the commencement of occupation, it is difficult to deem that the State or a local government has proved that it occupied the land without permission with the knowledge of such circumstance without the legal requirements