1. The plaintiff's claim is dismissed.

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

1. The plaintiff alleged by the parties, since he occupied the part of the instant land owned by the defendant for twenty (20) years from July 22, 1985 with his intention to own it, the defendant asserts that he is obligated to implement the procedure for ownership transfer registration on July 22, 2005 on the ground of the completion of the prescriptive acquisition.

In this regard, the defendant asserts that this case's land is administrative property, and thus it is not subject to prescriptive acquisition.

2. The following facts are revealed in full view of the evidence Nos. 3-3, Nos. 1, 3, and 4, Nos. 5-1 and Nos. 5-2, the fact inquiry results with respect to the head of Jung-gu Incheon Metropolitan City and the purport of the whole pleadings.

① In the instant land cadastre, the land category of the instant land was indicated as “railroad site,” but on October 20, 1972, the registration of real estate was made by stating the land category as “building site” at the time of registration of ownership preservation in the Defendant’s name as “building site.” On April 14, 1970, the land category of the instant land, the completion of which was completed, is also indicated as “building site.”

After that, on March 10, 2011, the registration of change was made with "railroad site" indicating the land category of the real estate register.

② Even according to the aerial photography taken in 2005 and the photographs taken at the time of the cadastral survey on May 19, 2016, railroad tracks are installed on the land of this case.

③ Since 1937, “F projects” implemented by the Korea Rail Network Authority’s headquarters in the Seoul metropolitan area began on December 13, 2012, was abolished as the instant land was used as E railroad facilities.

In the event that there is a disagreement between the land cadastre and the real estate register, the land category which is a matter other than the legal relationship has priority over the entry of the land cadastre. As such, from October 20, 1972 to March 10, 201, the land category was entered in the real estate registration register as the “building site”.

It can bring about a change in the fact that the actual status of the land in this case was ‘railroad site' only because the land category was stated in the replotting statement.