1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court’s judgment, the Plaintiff sought implementation of the procedure for the restoration registration of the Plaintiff’s registration of cancellation of ownership transfer in the name of the Plaintiff as to the instant land, and sought implementation of the procedure for ownership transfer registration based on the completion of the prescription period. The first instance court dismissed the primary claim and accepted the preliminary claim.

Since only the defendant appealed against this, the object of this Court's trial is limited to the preliminary claim cited in the first instance trial.

2. Facts of recognition;

A. The Plaintiff completed the instant construction work on March 23, 1992 under the name of the business name of “C Corporation” in around 191, and performed road expansion and packaging construction (hereinafter “instant construction”) in the section from D D major to E major in the Chungcheong Budget-gun.

B. Since March 11, 1981, the instant land was owned by the Defendant. Since March 23, 1992, the Plaintiff occupied the instant land as a site for the budget-gun and provided it to the general public for use since the completion of the instant construction.

C. Meanwhile, on May 26, 1992, the Plaintiff completed the registration of ownership transfer based on expropriation on July 12, 1991 with respect to the instant land owned by the Defendant. On December 29, 1997, the registration of ownership transfer in the Plaintiff’s name was cancelled on the ground of error in application.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 6-1 through 4, Gap evidence 6-4, Gap evidence 6-47, 48, Eul evidence 1, Eul evidence 6-5 through 46, Gap evidence 6-3 through 7-6, the purport of whole pleadings, and the purport of whole pleadings

3. Determination

A. According to the above facts of determination as to the cause of claim, since the Plaintiff constructed a road on March 23, 1992 on the land of this case, it shall be deemed that the Plaintiff occupied and used the land of this case as a site for the road. Since the Plaintiff's possession of the land of this case is presumed to have been continuously and openly carried out with its own intention, it shall be presumed that the possession of the land of this case was continuously and openly carried out