1. The instant lawsuit shall be dismissed.

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

Basic Facts

Busan Gangseo-gu 998 square meters (hereinafter "the land in this case") was registered in Japanese name. On August 17, 1945, the registration of ownership transfer was completed on May 31, 1943 in the name of "C".

C is a creative name of D, a person of the Republic of Korea.

The defendant completed the registration of ownership transfer on June 12, 1975 on the land of this case based on the reversion of rights on September 11, 1948.

The land of this case was later incorporated into the airport site, and the management agency was changed to the Ministry of Land, Transport and Maritime Affairs on April 11, 2008 by the management refund decision on March 25, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, and the purport of the whole pleadings, Eul, the father of the plaintiff's claims for preservation bonds, purchased the land of this case from D on May 31, 1955, and thereafter, the plaintiff was succeeded to the right to claim the transfer of ownership due to the death of Eul.

However, since the land in this case was expropriated as the airport site and the obligation to transfer ownership to the above purchaser was impossible, the heir F can seek the payment of compensation for losses to be acquired by the heir D due to the claim.

In addition, from March 1955 to the transfer of the instant land to the airport site from March 2005, the network E has occupied the land of this case in a peaceful manner as owned by the intent to own it in the instant land for at least 20 years and has the status as the completioner of acquisition by prescription under Article 245 of the Civil Code

On June 27, 2016, the Plaintiff is in accordance with Article 3-1 of the Briefs.

Paragraph (1) does not mention the position of the completioner of the prescriptive acquisition in the item of the “Preservation Claim,” but stated to the effect that the instant claim would be filed in accordance with the status of the completioner of the prescriptive acquisition, making a decision on the claim as to this issue.

However, since the land in this case was expropriated and the obligation to transfer ownership to the completioner is impossible, the F shall acquire it with the claim.