The intention to own the ownership of real estate by prescription;

Although the Defendants unilaterally thought that the land of this case was transferred from the Plaintiff Company, it cannot be said that the Defendants had an intent to own the land.

Article 245 of the Civil Act

Dadong Interest Co., Ltd. (Attorneys Kim Dong-soo et al., Counsel for the plaintiff-appellant)

Republic of Korea and 3 others

Gwangju High Court Decision 4292No662 delivered on April 1, 1960

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal presented by the Plaintiff Company are examined. The Defendants thought that the Plaintiff Company would gratuitously transfer the site of this case to the Plaintiff Company for the tenant of the farm, and since 1937, it could be recognized that the Defendants commenced the secret possession with the intent to own the land for at least 20 years from September 26, 1959. Thus, the land of this case can be recognized by prescription. However, the intent of possession, which is the element of prescriptive acquisition, can be recognized only when the Defendants decided by the nature of the title of possession or expressed the intent to own it to the owner. However, the lower court unilaterally determined that the Defendants had the intent to own the land of this case from the Plaintiff Company is erroneous by misapprehending the public who determined the intention to own. Accordingly, the Defendants’ possession cannot be seen as the possession of the Defendants’ possession in this case without any assertion and proof regarding the intent to own the Plaintiff Company, and thus, the lower court’s judgment is reversed and remanded to the Seoul High Court for further proceedings consistent with the judgment below’s assent.

Justices of the Supreme Court (Presiding Justice)