The defendants acquired the prescription of possession on August 15, 1968 with respect to each of the shares in the land listed in the separate sheet to the plaintiff.

1. Basic facts

A. On November 20, 1913, the Gyeonggi Yang-gun Co., Ltd. previously 864 was classified into 671 square meters, 192 square meters, and 0.9 square meters before G, and the cadastral record was destroyed due to 6.25 square meters.

B. Each of the above lands was restored from the cadastral point of February 12, 1958, and among which the F railroad site was 192, it became the land indicated in the separate sheet (hereinafter “instant land”) following the change of the name of the administrative district and the conversion of the area into the unit of area.

C. However, on March 27, 1953, H completed the registration of ownership transfer due to recovery of the date of receipt, which was the date of receipt due to sale and purchase on February 10, 1938 (hereinafter “instant recovery registration”).

On the other hand, H died on January 21, 1984, and H was sentenced to adjudication of disappearance on August 1, 1955 on the grounds of the expiration of the period of disappearance, and on May 14, 2008, the adjudication became final and conclusive on May 14, 2008, and the Defendants jointly inherited H’s property. The Defendants, who were the wife of H and son, died on July 10, 1996, jointly succeeded to H’s property.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 7 through 11, 13, 16 through 20 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. We examine the determination as to the cause of the Plaintiff’s claim, and if the nature of the source of right to possess real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance with the intention of possession pursuant to Article 197(1) of the Civil Act. Such presumption applies likewise to cases where the State or a local government, which is the managing body of the cadastral record, occupies the land in question, etc. (see, e.g., Supreme Court Decision 2015Da219788, Jul. 27, 2016). However, comprehensively taking account of the overall purport of the pleadings in each of the statements in Articles 5 through 7, and 14 through 16, the land in this case shall be deemed to have commenced on January 18, 1937 and opened on April 1, 1939.