Building on Neighbor's Land for 20 Years Doesn't Grant Ownership, Rules Supreme Court

The Supreme Court has ruled that simply occupying another person's land for over 20 years does not automatically grant ownership rights, overturning a lower court's decision that favored a building owner.

The case involved a dispute over a 106-square-meter plot of land in Paju, Gyeonggi Province, inherited by landowner Yoon in 2010. Yoon discovered that Yoo, the owner of an adjacent property, had encroached upon 94 square meters of his land in 1993 to construct a building. Yoon subsequently sued Yoo, demanding rent for the period of unauthorized occupation.

In response, Yoo filed a counterclaim seeking ownership of the occupied land, citing Article 245 of the Civil Code, which allows for ownership acquisition through registration after 20 years of peaceful and open possession with the intent to own. The lower court had initially dismissed Yoon's claim for rent and ruled that Yoo should be granted ownership of one-seventh of the occupied land.

However, the Supreme Court disagreed. The higher court stated, "The encroached area exceeds the degree of error that can normally occur during construction." It further elaborated that "unless there are special circumstances, it must be assumed that the owner knew the land belonged to another when constructing the building in this case." Based on this reasoning, the Supreme Court reversed the lower court's decision, ruling in favor of the landowner, Yoon.