1. If the nature of the source of possessory right of real estate is not clear, the possessor shall be presumed to have occupied in good faith, peace, and public performance with his/her own intent pursuant to Article 197(1) of the Civil Act. Such presumption is equally applied to the possession by the State or a local government (hereinafter collectively referred to as the “State, etc.”) which is the managing body of the cadastral record, etc., and even in cases where the possessor asserts the title of possession, such as purchase and sale or donation, but not recognized as such, unless the possessor bears the burden of proving the source of possessory right, the presumption of possessory right cannot be deemed to have been reversed or to have been occupied by the nature of the source of possessory right

(2) The State, etc. is not obligated to submit the documents regarding the acquisition procedure of land for which the completion of acquisition by prescription is claimed. Therefore, even if the State, etc. failed to submit the documents regarding the acquisition procedure of land for which the completion of acquisition by prescription is claimed, considering the following: (a) the purpose and purpose of the possession; (b) whether the State, etc. has endeavored to exercise the ownership of the land in the cadastral record after the commencement of possession; and (c) the relationship between the use or disposal of divided land and other land, if the State, etc. cannot be ruled out that the right of ownership was lawfully acquired as a result of the acquisition procedure of public property at the time of commencement of possession, the presumption of autonomous possession by the State, etc. is denied, and thus, it is not recognized as an occupation without permission.

(Supreme Court Decisions 2010Da33866 Decided August 19, 2010; 2010Da94731, 94748 Decided March 27, 2014; 2012Da30168 Decided March 27, 2014, etc.).