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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D acquired ownership of each of the instant lands on May 28, 1965.
B. The Plaintiff is occupying and using each of the instant land by incorporating it into the road and providing it to the traffic of the general public.
C. D died on October 19, 1995, and the defendant inherited his property and owned 7/49 shares in the land of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6 through 8 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion is that the Plaintiff, on December 5, 1975, paid a full amount of compensation to D and purchased each of the instant land from D. Since the Plaintiff constructed a road on each of the instant land and occupied each of the instant land in peace and public performance with intent to own each of the instant land for at least 20 years thereafter, the Defendant is obligated to implement the procedure for the registration of ownership transfer on December 6, 1995 for the portion of 7/49 out of each of the instant land to the Plaintiff.
B. If the nature of the source of possession of real estate is not clear, pursuant to Article 197(1) of the Civil Act, the possessor shall be presumed to have occupied the land in good faith, peace, and public performance with his own intent pursuant to Article 197(1) of the same Act. However, if the State or a local government proves that it occupied the land without any specific title, such as taking the procedure for acquiring public property, such as one’s own share or donation, or incorporating the land into the reservoir site without any specific title, such as obtaining the consent of its owner, if it is proven that the State or a local government occupied the land without permission knowing that there is no legal requirement for acquiring ownership, it shall
(see, e.g., Supreme Court Decision 2000Da64472, Mar. 27, 2001). However, the procedure for acquiring land for which the State or a local government claims the completion of prescriptive acquisition is claimed.