[소유권이전등기][공1999.8.1.(87),1514]
In a case where 156 square meters of land in possession are owned by himself/herself and 132 square meters of land are owned by another person, whether it can be deemed that the whole site was possessed with knowledge that it belongs to his/her own ownership (negative)
If 156 square meters of land in possession are owned by himself/herself and 132 square meters of land are owned by others, it shall not be deemed that all of the land was owned by himself/herself with knowledge that it belongs to his/her own ownership.
Articles 197(1) and 245(1) of the Civil Act
Supreme Court Decision 96Da41335 delivered on January 24, 1997 (Gong1997Sang, 644) Supreme Court Decision 98Da32878 delivered on November 10, 1998 (Gong1998Ha, 2843) 98Da62046 delivered on May 25, 199 (Gong199Ha, 1258)
Plaintiff
Korea
Suwon District Court Decision 98Na7213 delivered on February 12, 1999
The judgment below is reversed. The case is remanded to Suwon District Court Panel Division.
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment cited by the lower court, the lower court: (a) purchased part of the above 154m2 and the above 156m2 adjoining land owned by the Defendant ( Address 2 omitted); (b) purchased part of the 15m2 and 6m2 of the building site owned by the Plaintiff on the 15m2 and the 156m2, which was located on the 7m2 building located in the above 7m2 building; (c) omitted part of the building site ( Address 2 omitted); and (d) omitted part of the 13m2 of the building site as indicated in the lower judgment, which was located on the 15m27m2 and the 9m2m27m2, which was located on the 15m2 building, and omitted on the 15m27m2 and the 154m2, which was located on the 15m27m2 building site.
2. However, according to the records of this case, although the defendant asserted that he occupied the real estate owned by another person without permission, knowing that there is no legal act or any other legal requirements that may cause the acquisition of ownership at the time of the plaintiff's possession of the land of this case (record 109 pages), the court below did not make any judgment on this point, and the land owned by the plaintiff is 156 square meters, and even if the land owned by the plaintiff is 132 square meters and half of the land owned by the other person (45%) is owned by the defendant, it is extremely rare that the whole part of the land belongs to his own ownership without any deliberation as to the illegal possession of the land of this case. However, accepting and determining the plaintiff's claim of this case without any deliberation as to whether it occupied the land of this case without permission of this case is illegal as well as the legal principles on autonomous possession, which affected the conclusion of the judgment by failing to exhaust all necessary deliberation. The part of the grounds of appeal assigning this error has merit.
3. Therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all participating Justices.
Justices Jeong Jong-ho (Presiding Justice)