1. The defendant is based on the completion of the prescriptive acquisition on August 3, 1981 with respect to the land size of B 83 square meters on a racing-si road.

1. Basic facts

A. On November 21, 1962, the registration of ownership transfer was completed in the name of the defendant on November 21, 1962 with respect to the land of 83 square meters (hereinafter “instant land”).

B. On August 3, 1961, the Plaintiff occupied the instant land as a third-class road site from among the race and national parks, and has been occupied until now since its commencement.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 11 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, the plaintiff occupied the land of this case from August 3, 1961 to 20 years, and it is presumed that the above possession of the plaintiff was made in peace and public performance with the intention of possession. Thus, the plaintiff's acquisition by prescription as to the land of this case was completed on August 3, 1981 after the lapse of 20 years from August 3, 1961.

Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 3, 1981 with respect to the instant land to the Plaintiff on the ground of the completion of the acquisition by prescription.

3. The defendant's assertion argues that since the plaintiff occupied the land of this case without paying compensation to C without paying compensation, the plaintiff's possession constitutes an illegal occupancy in bad faith, the prescriptive acquisition of which cannot be completed.

If the nature of the source of possessory right of real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance according to Article 197(1) of the Civil Act, and such presumption shall also apply to cases where the State or a local government which is the managing body of cadastral records, etc.

In addition, where it is proved that the possessor has occupied the real estate owned by another person without permission knowing the existence of the legal act or any other legal requirements that may cause the acquisition of the ownership at the time of the commencement of possession without permission, the possessor shall be excluded from the ownership of the other person, except in extenuating circumstances.