1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons why the court should explain this part of the judgment on the grounds of the claim are as follows: (a) No. 2, No. 9, and No. 10 of the judgment of the court of first instance, “the result of the commission of the measurement and appraisal with respect to the Korea Land Information Corporation Kimcheon branch of this court” shall be deemed as “the result of the commission of the measurement and appraisal with respect to the Korea Land Information Corporation Kimcheon branch of this court; and (b) No. 3, “the result of the appraisal by the appraiser C” shall be deemed as “the result of the appraisal by the appraiser C of the court of first instance”; and (c) No. 420 of the reasoning of the judgment of the court of first instance

2. Judgment on the defendant's defense

A. The Defendant asserts that the Defendant’s possession of the instant road shall be dismissed, on July 22, 2014, since the acquisition by prescription of possession of the instant road was completed on July 22, 2014 after the lapse of 2008 or the lapse of 20 years from July 22, 1994 when the Plaintiff completed the registration of ownership transfer on the instant road, since the Defendant had a duty to perform the registration of ownership transfer on the instant road.

In a case where the State or a local government without a certain title to acquire public property prescribed in the Local Finance Act, such as its own burden or donation, or the State Property Act, or incorporates private land into a reservoir site without a certain title to possess the land, such as obtaining the consent of its owners, etc., if it is proved that the State or a local government occupied the land without a permission knowing that there is no legal requirement for acquiring ownership, such as where the State or the local government occupied the land

(See Supreme Court Decision 2000Da64472 Decided March 27, 2001, etc.). However, the State or a local government fails to submit documents on the procedure for acquiring land for which the completion of prescriptive acquisition is claimed.

Even if the cadastral record, etc. with respect to the land was lost in the 625 column.