1. In a case where an owner of a certain piece of land has occupied the land by himself/herself and continues to occupy the land by selling the whole or part of the land to another person, etc., the possession of the part of which ownership has been transferred to another person shall be deemed to constitute the possession by the nature of the land, unless there exist special circumstances, such as a juristic act which may cause the acquisition of ownership in that part, and other

(see, e.g., Supreme Court Decision 2007Da1555, Mar. 30, 2007). In addition, in a case where a possessor acquires possessory right by inheritance, he/she may not leave the possession of the inheritee nor assert only his/her own possession unless the inheritor commences his/her own possession with a new title. In a case where the possessor is the owner of the ship, the possessor’s possession does not change in nature or form of the possessor’s possession from the assignee’s inheritance, and thus, he/she cannot be the owner of the ship, unless there are special circumstances. In order for the possessor to hold the possession independently, the possessor must either indicate his/her intention to hold the owner or commence the possession with a new intent to hold the owner as his/her own.

According to the reasoning of the judgment below on September 24, 2004, the court below held that ① the Plaintiff’s attached network C purchased 1st 4 square meters of Pyeongtaek-si E forest (10,296 square meters; hereinafter “instant purchased forest”) from Q on September 21, 1972; ② part of the purchased forest of this case was incorporated into the Korea Agricultural Promotion Corporation on October 29, 1973 and paid the purchase price in full to C through a consultation procedure with C around October 29, 1973; ③ the purchased forest of this case was purchased from Pyeongtaek-si Hing-si on August 1, 1974 (9,521 square meters; hereinafter “the instant purchased forest”). < Amended by Act No. 2635, Oct. 6, 1974>