1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. D purchased C forest land 45,176 square meters (hereinafter “the instant forest”) from Yangsan-si on February 28, 1983, and completed the registration of ownership transfer on July 28, 1983, and sold the instant forest to G and H around August 10, 1983, and the said G and H sold the instant forest to the Defendant on May 9, 1984.

B. The Plaintiff’s father’s death on June 22, 1978, and his bereaved family members died with D, they installed a grave of F in accordance with the attached drawing indication divities, e,67,77, and part 165 square meters (hereinafter “the part (b) of the instant forest”) in the line connecting the angles of the D and D (hereinafter “the part (b) of the instant forest”). The Plaintiff’s Cho F died on August 25, 1980, his bereaved family members installed a grave of F in the attached drawing indication 1, 233, 165 square meters (hereinafter “the part (a) of the instant forest”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, evidence 6-1 to 4, and evidence 7

1. Each entry and video, and the purport of the whole pleadings;

2. The plaintiff's assertion D sold the forest land of this case to G and H on August 10, 1983, and the part of (a) and (b) of this case to be excluded from sale subject to sale and to be donated to the plaintiff. On May 9, 1984, G and H sold the forest land of this case to the defendant on May 9, 1984, and excluded the part of (a) and (b) of this case from sale subject to sale. Accordingly, the plaintiff acquired prescription by receiving the donation of the above part and by occupying it in a peaceful and public performance with the intention to own it up

3. Determination

A. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to have occupied the object as his/her own intent. As such, in cases where the possessor asserts the prescriptive acquisition, 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 prescriptive acquisition by asserting that the possessor has no intention to own it.

A possessor himself.