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. Basic facts

A. On November 25, 1966, B entered into a contract with the Defendant for the purchase of the land at KRW 30,300,00, the C P&C 184 square meters and D 67 square meters (hereinafter collectively referred to as “instant land before the instant subdivision”). Upon payment of the purchase price, B received documents necessary for the registration of transfer of ownership on each of the said land from the Defendant (hereinafter referred to as “the instant transfer of ownership”).

B. Meanwhile, on April 14, 1994, the Defendant completed the registration of preservation of ownership on the land prior to the instant partition. On January 17, 2007, the Defendant divided C, 429 square meters and H, 179 square meters, and D, 221 square meters (67 square meters), into D, 162 square meters and 59 square meters (hereinafter “instant land”).

[Ground of recognition] Gap evidence Nos. 1 through 5 (including branch numbers) and Eul evidence Nos. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion does not constitute administrative property since B purchased from the Defendant on November 25, 1966, as the land of this case was purchased by the Defendant.

The Plaintiff succeeded to the possession of E and occupied the above land for twenty (20) years, and thus, the Plaintiff has the right to claim the ownership transfer registration due to the prescriptive acquisition.

B. Defendant’s assertion ① The above land is an administrative property that is not subject to prescriptive acquisition, and ② Even if not, the Plaintiff’s possession is the possession of the owner, and thus, cannot be the title of prescriptive acquisition.

③ Even if the Plaintiff’s assertion is recognized, the Plaintiff’s right to claim ownership transfer has expired.

3. Determination

A. Whether the land in this case is subject to prescriptive acquisition refers to the property owned by the State, which is directly used or decided to be used for official use, public use, corporate use or preservation purposes (see Article 6(2) of the same Act). Among them, the administrative property is not subject to prescriptive acquisition, but it is subject to prescriptive acquisition.