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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 11, 1964, the Plaintiff’s assertion C purchased a straight line of 112 to 119,112 square meters in attached Form No. 112 or No. 112 of the B cemetery No. 85,121 square meters in order to connect each point of 85,112 square meters of the B cemetery No. 85,21 square meters, which is currently possessed and used by the Plaintiff, from D on the same side of the road from F to G among the land owned by D at the time.
C On December 12, 1984, after the lapse of 20 years from the date of the above sale, occupied and used the instant real estate as the owner’s intention, and acquired the ownership by the completion of the prescription for acquisition of possession of the instant real estate. On February 27, 1985, C succeeded to the rights and duties of the instant real estate through the agreement on the division of inherited property, and continued to occupy and use the instant real estate by constructing a steel pipe 2 ws on the instant real estate and cultivating crops.
Since the Plaintiff did not change the owner of the instant real estate during the period of occupying and using the instant real estate, the Plaintiff acquired the ownership of the instant real estate upon the completion of the prescription on April 17, 2014 after counting from April 17, 2014, which was the date of the instant lawsuit, from April 17, 1994, when 20 years elapsed since April 17, 2014.
Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on December 12, 1984 or April 17, 2014 with respect to the instant real estate to the Plaintiff.
2. Determination
A. Article 6(2) of the Public Property and Commodity Management Act provides that “The administrative property shall not be subject to prescriptive acquisition, notwithstanding Article 245 of the Civil Act.” Thus, in order to complete the prescriptive acquisition of State property, the State property shall be a general property that can continue to be an object of prescriptive acquisition, not an administrative property, for the period of prescriptive acquisition.