1. The Defendant indicated “5” in the attached Form No. 1 of Dongdaemun-gu Seoul Metropolitan Government road B, and 12 square meters and C, respectively, to the Plaintiff.

Facts of recognition

On June 1, 1983, the Plaintiff purchased a single-story house on the Dongdaemun-gu Seoul Metropolitan Government D ground (69 square meters in a site area, 56 square meters in a building area, hereinafter “instant house”) and sold the same year.

6.7. Completion of the registration of ownership transfer.

The Plaintiff, as the Defendant-owned, occupied 14 square meters of the Dongdaemun-gu Seoul Metropolitan Government road B 622 square meters (the sum of the “5” portion indicated in the attached Form 1 and the “4” portion as indicated in the attached Form 2; hereinafter the same shall apply) as the site for the instant housing.

Accordingly, on May 15, 2017, the Defendant issued a disposition imposing indemnity of KRW 12,324,300 to the Plaintiff on the ground that the Plaintiff occupied the instant land as the instant housing site without permission.

The plaintiff is dissatisfied with this and filed an administrative litigation seeking the revocation of the imposition of indemnity, and the plaintiff asserted the completion of the acquisition by prescription for the occupied portion in this case.

On this issue, the head of Dongdaemun-gu Seoul Metropolitan Government argued that the administrative property is occupied without permission and is not subject to prescriptive acquisition.

On January 16, 2020, the court of first instance accepted the Plaintiff’s claim for the completion of the acquisition by prescription and revoked the disposition of imposition of indemnity, and this conclusion became final and conclusive by the Supreme Court.

Of the instant possession portion, 2 square meters was divided into 3 square meters on May 24, 2018.

Attached Form

The land adjacent to B roads, such as drawings 3, occupied a total of 12 square meters by breaking up the road area, and was possessed by the Plaintiff, but the said 12 square meters is divided into C-road 12 square meters to be incorporated into land within the housing redevelopment project district, including the 2-4 "Attachment 2" section possessed by the Plaintiff, and the land category is deemed to have been changed to a site thereafter.

(ii) [In the absence of a dispute over the basis of recognition, entry in the evidence of Gap 1, 2, 4, 6, 24, 25, 27, 40, 41, Eul 1, 3, 6, 10, and 11, and the purport of the whole pleadings;

2. It is different in civil trials related to judgments.