South KoreaWhat is acquisitive prescription (adverse possession)?
Acquisitive prescription (adverse possession) in South Korea is a legal method to acquire ownership of real property by openly, peacefully, and continuously possessing it for a statutory period—20 years for ordinary cases or 10 years if done in good faith and with just title.
What the Law Says
South Korean law recognizes acquisitive prescription as a way to obtain ownership of real property through long-term, uninterrupted possession—not by agreement or inheritance, but by operation of law.
Under the Civil Act, a person who possesses another's real property openly, peacefully, and continuously may acquire ownership after a set period. The required duration depends on whether the possessor acted in good faith and with just title.
If the possessor believed they had lawful title (good faith) and held a document or other basis supporting that belief (just title), the period is shortened to 10 years. Otherwise, the standard period is 20 years.
The possession must be 'open' (not hidden), 'peaceful' (without force or dispute), and 'continuous' (without significant interruption). Mere use or temporary occupation is insufficient.
Statutory TextA person who has possessed movable property openly and peacefully for ten years, or immovable property for twenty years, acquires ownership thereof by prescription.
— Civil Act, s. 249 — Acquisitive Prescription
Statutory TextA person who has possessed immovable property openly, peacefully and continuously for ten years, believing in good faith and with just title that he/she is the owner, acquires ownership thereof by prescription.
— Civil Act, s. 250 — Acquisitive Prescription in Good Faith
What to Do
Confirm your possession is open (visible to others), peaceful (no disputes or force), and continuous (no long breaks).
Gather evidence: photos, witness statements, tax payment records, utility bills, or renovation receipts showing long-term control.
If you claim good faith and just title, collect documents like contracts, inheritance records, or prior deeds—even if flawed.
File an application for registration of ownership based on acquisitive prescription with the local Legal Affairs Bureau (법무부 관할 등기소).
Be prepared for potential objections from the registered owner or third parties; litigation may follow if contested.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.