1. The possession of an object refers to an objective relationship that can be deemed to have a factual control over a person under the social concept. To be deemed to have a factual control, it is not necessarily based on whether the object is physically controlled, but should be determined in accordance with the social concept, taking into account the temporal relationship between the object and the human being, the relationship between the time and the principal right, the possibility of exclusion from control of others, etc.

In particular, the transfer of possession or the continuation of possession of forest land does not necessarily require physical and practical control, but it should be deemed that there was delivery in the event of transfer of management or use, and in the event of transfer of ownership of forest land, the transfer of control over the forest land is the ordinary form of transaction.

(2) On June 30, 201, Supreme Court Decision 2010Da87306 Decided June 30, 201, and Supreme Court Decision 2014Da202622 Decided May 29, 2014, etc.). 2. The lower court determined that the registration of preservation of ownership in the name of the Defendants, the decedent of the instant forest, was null and void since the instant forest was revealed to have been under the circumstances of W, which is the Plaintiff’s decedent, and that each registration of ownership transfer in the name of the Defendants, which is the decedent of the instant forest, was also null and void, based on the following circumstances: (a) in light of the circumstances stated in its holding, there are two seedlings, the market price of the Z in the instant forest, and there are no other two seedlings, the mere fact that the Z or the Defendants did not have exclusively occupied the entire forest of this case from the time of the registration of preservation of ownership, and thus, rejected the Defendants’ defense that the registration in question conforms with the substantive relations.

3. However, the following circumstances revealed by the reasoning of the lower judgment and the record, i.e., Z, to facilitate the registration of the original farmland, etc.