(a) Presumption and limit of the possession independently;

(b) Distribution of farmland and conversion into independent possession under the Farmland Reform Act;

(a)the possessor shall not be presumed to have been possessed by his own will, but may not be presumed to have been possessed by his own will until it is not an independent possession due to the nature of the possession;

B. Since farmland distributed under the Farmland Reform Act is transferred to a receiver at the time of the completion of the repayment, the possession of another owner is not an independent possession from the date of receipt of the notice of distribution of farmland.

(b)Article 197(1)(c) of the Civil Code;

[Judgment of the court below]

Korea

Daegu High Court Decision 87Na421 delivered on April 7, 1988

The appeal is dismissed.

The costs of appeal shall be assessed against the plaintiff.

1. Determination on the grounds of appeal Nos. 1 and 2

According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the period of acquiring real estate expires on February 1, 1968 after the lapse of 20 years from February 1, 1948 on the ground that the non-party to both sides of the plaintiff's two sides, based on timely evidence, was the owner of the orchard, Japan, who was the owner of the orchard, including the instant land, and was killed on February 1, 1948, and the plaintiff succeeded to the possession cultivation and continued possession. However, the plaintiff's possession cannot be viewed as the non-party's possession, and it cannot be viewed as the non-party's possession. In comparison with the reasoning of the judgment of the court below, the fact-finding and legal judgment are acceptable. The presumption that the possessor is presumed to possess the land as the intention of possession cannot be presumed to have been independent possession due to the nature of the non-party's possession, and the judgment below did not err in the misapprehension of legal principles or the presumption that the non-party's possession is the non-party's possession.

2. Judgment on the third ground for appeal

We cannot accept the argument that since farmland distributed under the Farmland Reform Act is transferred to a distributionr at the time of the completion of repayment, it shall not be accepted from the date of receipt of the notice of distribution of farmland to the plaintiff's possession is an autonomous possession.

3. All appeals are without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Young-young (Presiding Justice)