From August 15, 1988, the Plaintiff installed a tomb on the ship’s “B” portion of 110 square meters (hereinafter “instant graveyard”) which connects each point of Annex 1, 2, 3, 4, 1, and 1 among the instant land, and occupied it from August 15, 198 to the present date.

(A) The possessor is presumed to possess in good faith, peace, and public performance with his own intent (Article 197(1) of the Civil Act). As such, the statute of limitations for the acquisition of possession on August 15, 2008 after the lapse of 20 years from August 15, 198, when the Plaintiff occupied the instant land.

Therefore, barring any special circumstance, the Defendant is obligated to implement the registration procedure for ownership transfer on August 15, 2008 with respect to the instant graveyard to the Plaintiff, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The Plaintiff asserted that it purchased the instant cemetery from D who did not own ownership of the instant land, and thus is the owner of the instant cemetery.

B. According to Article 197(1) of the Civil Act, since the possessor of an object is presumed to have occupied as his/her own intent, in cases where the possessor claims the acquisition by prescription, he/she does not bear the burden of proving his/her own intention. Rather, the possessor bears the burden of proving the establishment of the acquisition by prescription by asserting that the possessor has no intention to own it. In the prescription for the acquisition by prescription for the possession of real estate, whether the possessor is the owner of the real estate or is the owner of an intention to own it is not determined by the internal deliberation of the possessor, but by the nature of the title that caused the acquisition by prescription for the possession of the real estate or all circumstances related to the possession, the possessor should be determined externally and objectively.