In the case of being entrusted with the management of real estate, the cases of recognizing the prescriptive acquisition of ownership by another owner without demanding an explanation of the existence of the reason why the nature of the possession has changed by the autonomous possession.

In other words, the owner's possession requires the commencement of the possession as a new owner's intention to indicate that the possessor has the intention to own or as a new owner's intention to own, in order to change the possession to an independent possession suitable for the acquisition of ownership by prescription.

Article 245 of the Civil Act, Article 185 of the former Civil Act

Plaintiff

Defendant

Seoul High Court Decision 60Do1575 delivered on November 1, 1961, 200

The original judgment shall be reversed.

The case shall be remanded to Seoul High Court.

The plaintiff's grounds of appeal are as stated in the annexed appellate brief and the additional appellate brief.

First, we examine the second ground for appeal.

In light of the reasoning of the judgment of the court below, the defendant entrusted the management of the real estate to the plaintiff's plaintiff's ancestor for the purpose of protecting the grave of the plaintiff's fleet and driving it for the deceased's body, and recognized the fact that the defendant used the plaintiff's seal and used the plaintiff's seal in his management through the registration of transfer of ownership, and determined that the defendant belonged to the defendant's ownership of the real estate by recognizing the peace in possession for not less than 20 years after the registration of transfer of ownership and the fact that the possession has been openly continued. However, if the defendant entrusted the management of the real estate in this case with the intention of possession and commenced the possession, the possession is so-called "the possession" without the intention of the possessor in view of the nature of the title under Article 185 of the former Civil Code, so that the possessor is to be changed to the autonomous possession suitable for the acquisition of ownership by prescription, or that the possession must begin with the intention of possession again by a new title, and the court below erred in the misapprehension of the requirements of the judgment below for the defendant's acquisition of ownership without urge.

Since the judgment of the court below is reversed by the above explanation, the plaintiff's appeal on this point is with merit, and it is so decided as per Disposition by the assent of all Justices who participated in the court below for a new trial.

The judges of the Supreme Court, both judges (Presiding Judge) and Magyeong, Mag-Jak, the highest leapble leapbal of Red Mags