1. The Defendant completed the acquisition by prescription on May 13, 201, with respect to the Plaintiff’s 2,201 square meters of Gyeongbuk-gun B orchard 2,201 square meters.

1. Basic facts

A. On February 2, 1979, a 3,712 square meters of a ditch B in Chungcheongnam-gun, Chungcheongnam-gun was divided from C on February 2, 1979

On August 16, 1986, B was divided into two thousand two thousand square meters of B, a ditch (hereinafter “instant land”) and one thousand five hundred thousand square meters of D, and on July 7, 201, the land category of the instant land was changed from a ditch to an orchard.

On August 14, 1972, the registration of transfer of ownership in the name of the defendant was completed with respect to the land in this case.

B. From March 8, 1977, the Plaintiff occupied and used sublime trees on the ground of the instant land from March 8, 197 to the date of the closing of argument in the instant case.

C. The instant land was used as administrative property, and was abolished on April 8, 1987.

On the other hand, the registration of ownership transfer has been completed in the name of each plaintiff with respect to the land of 16,245 square meters and F-water sources of 13,534 square meters adjacent to the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, 14 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim 1) Article 5(2) of the former State Property Act (amended by Act No. 4869, Jan. 5, 1994) provides that “State property shall not be subject to prescriptive acquisition, notwithstanding the provisions of Article 245 of the Civil Act.” The Constitutional Court made a decision as to May 13, 1991 that “it shall be against the Constitution to apply the above provision to miscellaneous property among State property” (the Constitutional Court Order 89HunGa97, May 13, 1991). The above provision loses its effect from May 13, 1991, since it becomes null and void (Article 47(2) of the Constitutional Court Act). The instant land used as administrative property is presumed to be subject to prescriptive acquisition from May 13, 191 to be subject to prescriptive acquisition from May 13, 199). As seen earlier, the Plaintiff’s possession of the land from May 13, 197).