1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The following facts are either disputed between the parties, or acknowledged in Gap evidence 1 through 6 (including additional numbers), Eul evidence 1 through 8, and the whole purport of the pleadings.

The land of this case (hereinafter “instant land”) was owned by E, and, in around 1940, E agreed to lease the instant land to D at the end of bean every year. Since around that time, E occupied and used the instant land, and after D died on December 15, 1990, the Plaintiff succeeded to the possession as D’s heir and used the instant land until now.

As the E died on October 5, 1968, the land of this case was inherited by F, a family heir, as the head of son, and the F also died on February 14, 1986, the registration of ownership transfer was completed on February 23, 200 on the land of this case due to the inheritance by agreement division.

The Plaintiff’s assertion as to the cause of claim asserts that D paid rice 1 ma in the form of a purchase price in around 1945, and purchased the instant land and occupied it in a peaceful and public performance manner with its intent to own until 20 years have elapsed since then, the period of prescription for acquisition of possession has expired pursuant to Article 245(1) of the Civil Act.

Judgment

Since the possessor of an object is presumed to have been possessed as his/her own intention, he/she does not bear the burden of proving his/her own intention in cases of claiming the prescriptive acquisition. Rather, he/she bears the burden of proving that the possessor's possession is without the intention of possession. In the prescriptive acquisition of real estate, whether the possessor's possession is an autonomous possession with the intention of possession or with the intention of possession without the intention of possession is not determined by the internal deliberation of the possessor, but rather, by the intention of the possessor.