1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

Attached Form

On December 7, 1962, the registration of ownership transfer was completed on December 7, 1962 with respect to the shares of 297/436 out of the land indicated in the list (hereinafter “instant land”).

B. C died on April 2, 2012, and at the time, C’s heir was the Plaintiffs, who were children.

C. On May 14, 2015, the Plaintiffs completed the registration of ownership transfer with respect to each share of 148.5/436 out of the instant land due to inheritance.

The defendant currently uses the land of this case as a road.

2. Summary of the parties' arguments

A. Since the Defendant incorporated the instant land into the road without permission in 1958 when implementing the national road construction project, it occupied and used it as a road until now. Thus, the Defendant should pay to the Plaintiffs, co-owners of the instant land, the amount of KRW 10,000,100, and KRW 500,000 per month from November 2015.

B. Around the end of 1958, the Defendant, while carrying out road maintenance and construction works for the land of this case, included neighboring land including the land of this case as a road and paid compensation. After completion of road construction, the Defendant occupied the land of this case as its owner’s intent to own the land of this case in peace and public performance until now since the land category was changed into a road.

Therefore, the defendant's acquisition by prescription of possession of the land of this case on December 20, 1978 was completed, so the defendant's claim for user fee cannot be complied with.

3. Determination

A. If the nature of the source of possessory right of real estate in the relevant legal doctrine is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance according to Article 197(1) of the Civil Act, and such presumption is equally applied to cases of possession by the State or local government, which is the managing body of cadastral records, etc.