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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. P was examined on August 12, 1913, Q 1,480, and R 601, and completed registration of preservation of ownership on December 16, 1918.
B. On November 30, 1927, Q Q land was divided into S and T land among Q and the instant land, and the said R land was divided into R and U land among the instant land on the same day.
C. On November 30, 1927, the land category of the instant case was changed from “the road” to “road,” and the Plaintiff from that time occupied and used the instant land as a road site to that time.
P dies and the Defendants inherited their property in succession, and each of them owns shares in the attached Form “List of Shares” as to the land 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 November 30, 1927 to 20 years, and it is presumed that the Plaintiff occupied the instant land in peace and openly with the intent to own the instant land. Therefore, the Defendants are obliged to implement the procedure for the registration of ownership transfer on November 30, 1947 with respect to each share indicated in the separate sheet of shares among the instant land, on the ground that the prescriptive acquisition has been completed.
3. Determination
A. If the nature of the title of the real estate’s possession 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 can prove that it occupied the land without any specific title, such as where the State or a local government initiates the procedure for acquiring public property, such as its own share or donation, or incorporates the land into the reservoir site without any specific title, such as obtaining the owner’s consent to use.