1. The defendant is on the ground of the completion of the prescriptive acquisition on March 27, 1967 with respect to the 1,504 square meters in the ancient Chang-gun, Jeon Chang-gun, Jeon Chang-gun.

1. Facts of recognition;

A. A. Around 1944, the area of the instant land was incorporated into a site for the establishment of C reservoir (title D at the time of the instant reservoir; hereinafter referred to as “instant reservoir”) that was executed by the Sungsi-gun, Gosi-gun, Chungcheongnam-gun, and the 1,504 square meters (hereinafter referred to as “instant land”). Around that time, the construction began and was completed around 1950.

B. On March 27, 1947, the registration of transfer of ownership was completed in the name of the defendant on the ground of sale on February 10, 1947.

C. Around September 1947, the Defendant’s set up a sales certificate and a written consent with the purport that the instant land was sold to the Sungsung Repair Association and received the payment from the said Association.

After the enactment, amendment, etc. of relevant Acts and subordinate statutes, the Sung Land Repair Cooperatives succeeded to the rights and obligations of another association as a whole or its title was changed and finally succeeded to the rights and obligations of the Plaintiff.

(2) In the instant case, there is no practical benefit to distinguish between the Plaintiff and the Plaintiff, etc. who succeeded to the rights and obligations from the Plaintiff, and thus, it shall be noted as a “Plaintiff” by combining them for convenience. 【The ground for recognition】 Each entry or video of the evidence Nos. 1 through 6 (including each number), and the purport of the entire pleadings.

2. Determination on the relationship of possession

A. A part of the land which constitutes a reservoir generally in principle is in possession of the person who owns and manages the reservoir.

The standard of whether a certain piece of land constitutes a part of a site that constitutes a reservoir and whether a person who owns or manages a reservoir is in possession of the reservoir should be determined not only by flooding of the reservoir but also by objective and sound common sense, which can be recognized as the land corresponding to the site of the reservoir, in accordance with the objective condition, which is recognized as the land corresponding to the site of the reservoir.

(See Supreme Court Decision 95Da2074 delivered on July 28, 1995). B.

Judgment

1 The above facts of recognition; and