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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On September 1, 197, the Defendant managed the 6,648 square meters of Gangseo-gun B, Gowon-gun, Seowon (hereinafter “Bridge”) as public waters, and completed the registration of ownership preservation on October 21, 1996, respectively. The land before subdivision was subdivided into C’s land on November 2, 201, and D’s land on July 25, 2013.
B. On July 1, 2010, the Plaintiff obtained permission to use and benefit from State-owned property as farmland with regard to the portion of 967 square meters in the attached drawings on the land prior to subdivision from the Gangwon-gun (hereinafter “instant land”), among the land prior to subdivision, and installed containers on the instant land and owned and managed them.
C. On March 28, 2013, the Plaintiff filed a lawsuit against the Defendant for the claim for sale of the instant land by Seoul Central District Court 2013Gahap512433, but the Plaintiff’s claim was not specified on November 28, 2013, and the claim was dismissed on the ground that the Plaintiff’s claim was not subject to private transaction as administrative property and that the claim cannot be subject to private transaction. In the appellate court following the Plaintiff’s appeal (Seoul High Court 2013Na2030972), the first instance court was just and the part on the ground that the Plaintiff’s additional claim for the completion of acquisition by prescription in the appellate court is not subject to prescriptive acquisition, and the Plaintiff’s appeal was dismissed on July 2, 2014 on the ground that the instant land is not subject to private acquisition, and the said appellate judgment became final and conclusive on July 31, 2014.
On the other hand, the Gosung-gun Eri, where the land of this case is located, was discovered from the Flux, and was designated and publicly announced by the Defendant as a cultural property area of private GH in accordance with Articles 25 and 28 of the Cultural Heritage Protection Act and Article 8 of the Framework Act on the Regulation of Land Use. In addition, the type of the property of the State-owned property (land) registry as to the land of this case is for public use.