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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance, invoked by the main text of Article 420 of the Civil Procedure Act, is the same as that of the judgment of the court of first instance, except for the following supplementary judgments.
2. Supplementary judgment
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. Thus, if the possessor asserts the acquisition by prescription, he/she has no responsibility to prove the intention of possession. A person who denies the establishment of the acquisition by prescription by asserting that the possessor has no intention of possession. Whether the possessor is an autonomous possession or an unauthorized possession with no intention of possession is determined by his/her internal deliberation, rather than by the possessor’s internal deliberation, the possessor’s external and objective determination should be based on the nature of the title that caused the acquisition of possession or all the circumstances related to the possession. Therefore, it is proved that the possessor acquired the possession on the basis of the title that the possessor is deemed to have no intention of possession, or that the possessor has an intention of exclusive control as his/her own property by excluding another’s ownership. In other words, it is objectively objective that the possessor cannot be deemed to have taken place if the possessor did not express his/her intention of possession or does not act as a matter of course if he/she did not act.
B. (See, e.g., Supreme Court Decision 99Da72743, Feb. 26, 2002).
The prescription system is to maintain social order continuously for a certain period and seek relief from the preservation of evidence which is difficult due to the passage of time, and the person who is locked above the so-called right without exercising his/her right.