1. The defendant has completed the acquisition by prescription on September 1, 1991 with respect to each real estate listed in the separate sheet to the plaintiff.

1. Basic facts

A. Of each land listed in the separate sheet (hereinafter “each land of this case”), each land listed in the separate sheet Nos. 1, 3, 5 through 7 is indicated in the name of the Mine Improvement Association; each land listed in the separate sheet Nos. 2, and 4 is indicated in the name of the Mine Improvement Association; and each ownership transfer registration has been completed in the name of the Suwon Farmland Improvement Association with respect to each land listed in the separate sheet No. 8; however, on December 29, 2018, the Defendant changed the registration titleholder in the name of the Defendant with respect to each land of this case by succeeding to the rights and obligations of the Mine Improvement Association, the Mine Improvement Association, or the Suwon Farmland Improvement Association.

B. On the ground of each of the instant lands, the Plaintiff opened the border highway on August 31, 1971, and announced the designation of the route of the sub-exclusive expressway (Korean expressway No. 1). After that, the Plaintiff occupied and used each of the instant lands as a site for the sub-exclusive expressway until then.

[Ground of recognition] Each entry of Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. If the nature of the source of right to possess real estate in each of the instant lands is not clear, pursuant to Article 197(1) of the Civil Act, the possessor is presumed to have occupied in good faith and openly, with the intent of possession. Such presumption also applies to cases where the State or a local government, which is the managing body of cadastral records, occupies the real estate in good faith.

However, in a case where it is proved that the possessor has occupied the real estate owned by another person without permission knowing the existence of such legal act or any other legal requirements, which may cause the acquisition of the ownership at the time of the commencement of possession, barring any special circumstance, the possessor shall be deemed not to have the intention to reject the ownership of another person and not to possess it. Therefore, the presumption of possession with the intention to own is presumed.