The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. If the nature of the source of possessory right to immovables is not clear, the possessor shall be presumed to have occupied by his/her own will in accordance with Article 197(1) of the Civil Act;

However, in cases where it is proved that an occupant occupied real estate owned by another person without permission despite the absence of such legal requirements without the knowledge of the existence of any legal act or other legal requirements that may cause the acquisition of ownership at the time of the commencement of possession, barring special circumstances, the occupant does not have an intention to reject the ownership of another person and to occupy it. Thus, the presumption of possession with the intention to own is broken.

(See Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997, etc.). However, even if the State, a local government, or a public institution (hereinafter “State, etc.”) fails to submit documents pertaining to the fact that the acquisition procedure of the pertinent land was conducted, it cannot be readily concluded that the State, etc. occupied the land with the knowledge that the cadastral record, etc. on the land was destroyed by a disturbance of 625 or that there was no other reason, and thus, the State, etc. was registered as the owner on the cadastral record, etc., inasmuch as the State, etc. was aware of the fact that there was no other reason, it cannot be ruled out that the possibility that the State, etc. lawfully acquired the ownership due to the acquisition procedure of the public property at the time of the commencement of possession can not be ruled out in view of the developments and purpose of occupancy. Therefore, it is difficult to view that the State, etc. was aware of

However, when the State, etc. begins possession and use of land, the cadastral record, etc. at the time of commencement is not destroyed and preserved, and there is no description supporting the acquisition of ownership by the State, etc.