1. The defendant's appeal is all dismissed.

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

3. The plaintiff AJ and AI's lawsuit acceptance.

1. The reasoning for the court’s explanation concerning this case is as follows. Paragraph 5 of Article 420 of the Civil Procedure Act shall be amended as follows. Paragraph 2 of the first instance judgment shall be added as to the argument that the defendant filed in the trial by filing an appeal, and the reasoning for the judgment of the first instance shall be stated, except for addition of the judgment under Paragraph 2 of the following, and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary 4] B was killed on November 29, 2016 during the trial, and the AJ and AI succeeded to the above B’s property. 5) Ultimately, the Plaintiffs’ inheritance shares in the attached Table [Attachment] are the respective shares of each Plaintiff as indicated in the share of inheritance.

2. Additional determination

A. The defendant's assertion that the land of this case was determined as a road zone of "AH" by the notification of the Seoul Regional Land Management Office on August 23, 1993 and used as a road from December 30, 1993 to December 30, 1993. The defendant asserts that the land of this case was occupied and used as a road from December 30, 1993, and that the land of this case was acquired by prescription.

B. In a case where it is proved that the possessor of one real estate has occupied the real estate owned by another without permission even though he/she was aware of the absence of such legal requirements as a juristic act or any other legal requirements, which may cause the acquisition of ownership at the time of the commencement of possession, barring special circumstances, the presumption of autonomous possession is broken. The same applies where the State, etc. arbitrarily incorporates the private land into the road site without a title to occupy the land.

Therefore, there is no circumstance that it is difficult to expect the submission of documents concerning the acquisition procedure of land due to the failure of the cadastral record, etc. on the land incorporated into the road site due to the disturbance of 6.25 pages or the absence of other reasons, and it can be seen that the state, etc. has lawfully acquired the ownership in the cadastral record