Korea Adverse Possession Prescription Calculator

Check Korean real-estate acquisitive prescription, 20-year possession requirements, completion date, registration status, and acquisition tax estimates.

Possession facts

Completion date

2025-06-01

Right status

Registration claim exists

Days to completion

393 days overdue

Acquisition tax estimate

₩7,600,000

Requirements

20 years of possession
Met
Autonomous possession as owner
Met
Peaceful and open possession
Met
Continuous possession
Met
Eligible real property
Met

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What Is the Korea Adverse Possession Prescription Calculator?

This calculator estimates whether Korean real-estate acquisitive prescription is complete under the 20-year possession model. It checks the effective start date, predecessor possession, possession as owner, peaceful and open possession, continuity, property eligibility, registration status, and acquisition-tax estimate.

The Korean calculator follows the same logic as the Korean page: completion is not enough by itself. If the statutory requirements are met but transfer registration is not completed, the result is treated as a registration claim rather than final ownership.

Important Note

Bad-faith unauthorized occupation is treated conservatively because Korean Supreme Court precedent can defeat the presumption of autonomous possession. Public administrative property is also excluded from ordinary prescription acquisition.

Core Legal Requirements

RequirementCalculator treatmentLegal point
20-year periodStart date plus 20 years, with predecessor possession if selectedCivil Act Article 245
Possession as ownerAutonomous or good-faith boundary mistake may pass; lease or loan possession failsCivil Act Articles 197 to 199
Peaceful and openThe input must confirm no violent, clandestine, or hidden possessionCivil Act presumption can be rebutted
ContinuityInterrupted possession fails even if the calendar period is longContinuity is a separate requirement
Eligible objectPrivate real estate and ordinary public property can pass; administrative public property failsPublic-use property is not acquired by prescription

Registration and Tax Estimate

  • If all requirements are met and registration is complete, the calculator classifies the right status as ownership acquired after registration.
  • If all requirements are met but registration is not complete, the calculator treats the result as a registration claim that still needs transfer registration.
  • The acquisition-tax estimate applies 3.5 percent acquisition tax, 0.3 percent local education tax, and 0.2 percent special rural development tax when applicable.
  • National-housing-size input affects whether the rural special tax line is included.

Boundary Mistakes and Unauthorized Possession

A good-faith boundary mistake is different from intentionally occupying land known to belong to another owner. The Korean model separates good-faith unauthorized possession from bad-faith unauthorized occupation because the legal presumption and court treatment differ.

If the registered owner changed during the possession period, the calculator flags that the start point may require more careful review. The legal effect can depend on facts, registration records, and the timing of transfer.

FAQ

Does completing 20 years automatically make me the owner?

No. Under the Korean model, completion creates a registration claim unless transfer registration is actually completed.

Can administrative public property be acquired by prescription?

The calculator treats administrative public property as ineligible. It should be reviewed separately before relying on any possession period.

Legal Use Notice

This English page translates and adapts the Korean calculator content for Korea-based estimates. The interactive calculator reuses the same Korean pure calculation function as the Korean page, so the numerical result is aligned with the Korean service. It is an estimation tool, not legal advice for a specific dispute.