1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 5,566,00 and the amount of KRW 5,566,00 from November 13, 2013.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 12, 1950, I completed each registration of ownership transfer on the land of this case after the death of I on December 23, 1991, Defendant A 3/13 shares and the remaining Defendants inherited 2/13 shares on the land of this case.

B. The original land category of the instant land was “responding” and remains as “responding” due to registration injury. On June 5, 1924, the land category of the instant land was changed to “road” around October 2, 1928.

C. Since then, the instant land was incorporated into lock Road. Since that time, the Gyeongbuk-gun occupied and used the instant land as a road for the general traffic of the general public, and the Plaintiff continued to occupy and use the instant land as a road for the public traffic of the general public by succeeding to the Gyeongbuk-gun on January 1, 1995 due to a change in the administrative jurisdiction.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. Although the Plaintiff’s assertion was completed the purchase procedure for the instant land on February 27, 1978, the registration of ownership transfer was not completed, the ownership transfer was not completed on or around 1977, and after completing the compensation procedure for the surrounding land except the instant land that had already been compensated, the instant land was occupied and used in a peaceful manner with the intent of ownership. In the event of Round Road Expansion work, the acquisition by prescription for the instant land was completed on February 27, 1998 after the lapse of 20 years from February 27, 1978 when the compensation procedure for the surrounding land was completed.

B. If the nature of possessory right of real estate is not clear, the possessor in accordance with Article 197(1) of the Civil Act is acting in good faith, peace, and good faith.