1. The plaintiff's claim is dismissed.

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

On March 6, 1989, the Plaintiff completed the registration of ownership transfer on the ground of donation on February 17, 1989 with respect to the area of 4,063 square meters (hereinafter “instant adjacent land”).

The registration of ownership transfer in the name of the defendant was completed on May 16, 1992 with respect to the land of this case, which was 245 square meters in size (hereinafter “the land of this case”) in contact with the neighboring land of this case on March 26, 1991, as the receipt of the Bupyeong District Court of Chuncheon on May 16, 1992, which was 4401.

【Based on Recognition, Gap evidence Nos. 1-1, 2, and 4, the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, and the land adjacent to this case and the land of this case have been used for the purpose of cultivating capital reduction, garment, etc. by occupying the plaintiff's tidal net D from the Japanese colonial era to its own intention.

The Plaintiff occupied the instant land as its owner for twenty (20) years from February 17, 1989 after being transferred the ownership of the instant adjacent land from the deceased D on February 17, 2009, and until February 17, 2009. The possession is presumed to have been peaceful and publicly performed. Thus, the Defendant, the owner of the instant land, is liable to implement the procedure for the registration of ownership transfer for the completion of the prescriptive acquisition on February 17, 2009.

Since the land of this case alleged by the defendant is administrative property, it is not subject to prescriptive acquisition.

Judgment

According to Article 5 of the Public Property and Commodity Management Act, public property shall be classified into administrative property and general property according to its use, and administrative property shall be classified into public property, public property, property for enterprises, and property for preservation, and administrative property shall not be subject to prescriptive acquisition.

In addition, property under construction by a local government for the purpose of using it directly for office use or for residence of a public official, and property under construction for the purpose of using it for public use directly by the local government, and property under construction for the purpose of using it for public use directly.