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Acquisitive Prescription of Land Possession
Acquisitive prescription of land possession is a system under the Civil Act that allows a person who has possessed another's land for a certain period, upon satisfying the legal requirements, to acquire ownership regardless of the owner's intention.
1. Acquisitive Prescription of Land Possession | Concept and Legal Basis

Acquisitive prescription of land possession refers to a system under which, where the fact of possession of land has continued for a certain period, the possessor may acquire ownership regardless of the owner's intention.
Legal Basis
Article 245 of the Civil Act provides that ownership may be acquired through possession of real estate under certain requirements.
Article 245 of the Civil Act (Period of Acquisition of Ownership of Real Estate through Possession)
Accordingly, where there is a fact of having possessed the land for twenty years, the possessor may exercise the right to claim registration of ownership transfer against the owner at the point when the prescription is completed.
2. Acquisitive Prescription of Land Possession | Requirements for Establishment

For acquisitive prescription of land possession to be established, all of the requirements prescribed by the Civil Act must be satisfied.
The core requirements for acquisitive prescription of land possession may be summarized as follows.
Possession with Intent to Own
Possession with intent to own means possessing the land in question with the intention of being its owner, rather than possessing it with another's permission.
In other words, merely using or leasing the land is not recognized as possession with intent to own.
Possession with intent to own is presumed under Article 197, paragraph 1 of the Civil Act, but where the opposing party rebuts this by asserting unauthorized possession or the like, a clear intention to own and evidence thereof may be required.
Article 197 of the Civil Act (Manner of Possession)
Peaceful Possession
‘Peaceful’ means possessing quietly, without resort to violence, intimidation, or coercion.
Where possession was taken by force, or where it was accompanied by violence at the outset of possession, such possession does not satisfy the requirements for prescriptive acquisition.
Open Possession
‘Open’ means possession in a form that is not secret and that can be recognized by an ordinary person from the outside.
In other words, the possession must be carried out in a public form so that the fact of possession can be recognized by others.
For example, if one has built and maintained a fence and has actually used the land, openness may be recognized.
A Certain Period of Possession
The Civil Act provides for two categories according to the period of possession.
Category | Requirements | Period of Possession |
General Acquisitive Prescription | Possession with intent to own, peaceful, and open | 20 years |
Prescriptive Acquisition by a Registered Person | Possession with intent to own, peaceful, and open while registered | 10 years |
In both cases, once the period of possession has passed, ownership may be acquired through registration.
In particular, 10-year prescriptive acquisition is recognized only for a registered possessor, and in this case the possessor must be in good faith and without negligence.
This requirement is specified in Article 245, paragraph 2 of the Civil Act.
Continuity of Possession
If possession is interrupted or intermittent, the prescription is broken.
The possessor must possess continuously for 20 years (or 10 years), and physical departure, abandonment of possession, and the like become factors that break the continuity of the prescription.
3. Acquisitive Prescription of Land Possession | Subject Matter and Limitations

The object of acquisitive prescription of land possession is land owned by another.
In the case of land owned by oneself, prescriptive acquisition is, in principle, not recognized.
The following special cases should be noted.
In the Case of a Partial Share Held in One's Own Name
Where one is registered as a co-owner, even if one possesses the remaining shares, this is regarded as possessing one's own property, so prescriptive acquisition is not recognized.
Supreme Court Decision 99Da62036, 62043, decided April 13, 2001
In the Case of Part of a Co-Owned Share
Where one possesses part of a share of land co-owned by other persons, prescriptive acquisition is possible with respect to a third party's share that is not one's own (Supreme Court Decision 79Da639, decided June 26, 1979).
For example, where A and B each own 50% of land and C possesses only A's share, prescriptive acquisition is possible because it pertains to a third party's share that is not one's own.
Possession of Part of the Land
Even where one possesses only part of the land rather than the entire land, if it can be distinguished by an objective indication, prescriptive acquisition is possible with respect to that portion (Supreme Court Decision 93Da5581, decided December 14, 1993).
However, a claim for registration of ownership transfer is possible only after going through registration of land subdivision (the procedure for dividing a parcel number).
4. Acquisitive Prescription of Land Possession | Effect of Acquisition of Ownership

When acquisitive prescription of land possession is completed, the legal effect of actually acquiring ownership arises, beyond the mere possibility of asserting a right.
Recognition of Retroactive Effect
According to Article 247, paragraph 1 of the Civil Act, the effect of ownership arising from acquisitive prescription is retroactive to the point at which possession commenced.
In other words, once the prescription is completed, the possessor is recognized as having the legal status not of a mere possessor, but as if the possessor had been the owner of the land in question from the beginning.
Interruption and Suspension of Prescription
Article 247, paragraph 2 of the Civil Act specifies that the provisions on interruption with respect to extinctive prescription apply mutatis mutandis to acquisitive prescription.
Accordingly, where the following grounds arise, the running of the prescription is temporarily interrupted or suspended.
∙ The possessor's acknowledgment or expression of intent to perform
∙ A force majeure ground affecting the owner or the possessor
(e.g. : natural disasters, etc.)
If the prescription is interrupted, the prescription period is recalculated from the beginning, and in the case of suspension, the prescription resumes after the ground for suspension ends.
Waiver of the Benefit of Prescription
Acquisitive prescription is a legal benefit held by the possessor.
However, this benefit can be waived, either expressly or impliedly, during litigation or afterward.
The Supreme Court (Judgment of September 29, 1973, Case No. 73Da762) ruled as follows.
The Need for Registration of Ownership Transfer
Even when possessory acquisitive prescription is completed, legal ownership is perfected through registration.
The completion of prescription does not by itself substitute for registration, and the possessor must either file a lawsuit claiming registration of ownership transfer against the owner (or the registered titleholder), or obtain the transfer of registration by agreement in order to exercise full rights.
5. Possessory Acquisitive Prescription of Land | Lawsuit Claiming Registration of Ownership Transfer

Even if possessory acquisitive prescription of land has been completed, registration of ownership transfer is necessary to fully secure actual ownership.
However, where negotiations with the former owner (registered titleholder) fail or cooperation is difficult, the possessor must realize the right by filing a lawsuit claiming registration of ownership transfer with the court.
Requirements for the Claim
To file a lawsuit claiming registration of ownership transfer, the following requirements must be met.
Requirement | Details |
Period of Possession | Possession continued for 20 years or more (or 10 years or more in cases of good faith and without negligence) |
Nature of Possession | Possession with the intent to own, peaceful and open (Articles 245 and 197 of the Civil Act) |
Existence of a Registered Titleholder | A current titleholder must exist in the register |
Retroactive Effect | It must be recognized that ownership arises from the time possession commenced |
If the requirements under Article 245 of the Civil Act are met, the court may render a judgment ordering the registered titleholder to register the transfer of ownership.
Litigation Procedure
- Court with Jurisdiction : the court having jurisdiction over the defendant's address or the location of the real property
② Preparing Supporting Evidence
- Fact and period of possession : photographs, aerial photographs, statements of third parties, building ledgers, tax payment records, and the like
- Possession with the intent to own, peaceful and open : fences, buildings, records of use, and other evidence of actual control
- Certified copy of the register : confirmation of the registered titleholder's information
③ Court's Determination and Finalization of Judgment
- If the requirements for possessory acquisitive prescription are recognized as met, a judgment ordering the transfer registration is pronounced
- Using the finalized judgment, registration may be made unilaterally
Procedures After Judgment
Once the lawsuit is won and the judgment becomes final, an application for registration of ownership transfer may be filed unilaterally on that basis.
After registration is completed, legal ownership based on the completion of prescription is established, and acts such as sale, gift, and creation of security can thereafter be carried out freely.
6. Possessory Acquisitive Prescription of Land | Checklist
Acquisition of ownership through possessory acquisitive prescription of land is not achieved by mere possession alone, and it is possible only by meeting and proving the requirements demanded by law.
Item to Check | Matters to Confirm |
Whether Possession Was With Intent to Own | Was the possession held with the intent to own? |
Whether Possession Was Peaceful and Open | Was the possession held openly, without violence or coercion? |
Continuity of Possession | Was actual control maintained without interruption? |
Period of Possession | 20 years or 10 years |
Grounds for Interruption or Suspension of Prescription | Were there grounds for interruption of prescription, such as the filing of a lawsuit? |
Proof of the Fact of Possession | Is there material such as aerial photographs, tax payments, or fence installation? |
Confirmation of Public Records | Whether the name was used for electricity, water, building permits, and so on |
Materials Related to Real Estate Registration | Whether a certified copy of the register, land ledger, and cadastral map have been secured |
Possibility of Agreement With the Registered Titleholder | Is the transfer of registration possible by agreement? |
Whether Litigation Has Been Prepared | Has a lawsuit claiming registration of ownership transfer been prepared? |
Clarity of the Object of Possession | In the case of partial possession, is division through a survey or other means possible? |
Whether the Benefit of Prescription Was Waived | Is there any fact of acknowledging or waiving the benefit of prescription? |
Support System of Real Estate Specialist Attorneys
When a legal risk arises, such as an ownership dispute, a registration issue, or litigation, our law firm provides practical legal support ranging from proving the completion of prescription to lawsuits claiming registration of ownership transfer and responding to assertions of waiver of the benefit of prescription.
🔗Real Estate Specialist Attorney Legal Consultation Booking allows us to closely review whether the requirements for acquisitive prescription are met and to promptly prepare a strategic response.
Daeryun helps resolve cases through the systematic strategies of legal specialists across multiple fields.
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