1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 6, 9, and 10 (including each number), together with the purport of the entire pleadings. A

F on July 3, 1964, the Republic of Korea acquired the ownership of the Nam-gu I reply 287 square meters.

B. On November 12, 1964, E field 58 square meters (hereinafter “instant land”) and J field 4 square meters were divided from the above land. On the same day, the land category of the instant land was changed to a road on the same day.

around that time, the Plaintiff opened a road on the instant land, provided it to the general public, and occupied and used it as a road.

C. Meanwhile, on August 31, 1974, F died, and the Defendants completed the registration of ownership transfer as to shares by each Defendant on the land of this case on the ground of the above date inheritance on December 10, 1974.

2. The plaintiff asserted that the land of this case was purchased from F and changed its land category on November 12, 1964 to a road, and thereafter, the plaintiff has occupied the land of this case in peace and public performance for not less than 20 years thereafter.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on November 12, 1984 with respect to each Defendant’s shares in the attached shares in inheritance among the instant land by the Plaintiff.

3. Determination

A. If the nature of the title of the real estate’s title is not clear, the possessor is presumed to have occupied the land in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. However, the State or a local government’s ownership, such as where the State or a local government takes the procedure for acquiring public property, such as its own share or donation, or obtains the owner’s consent to use, without a specific title, such as where the State or a local government incorporates the private land into the reservoir site without a specific title.