Main Issues

Compensation for damages caused by infringement of the ownership of a house and whether there is intention or negligence of a house occupant.

Summary of Judgment

In claiming damages for infringement of ownership, such infringement shall be subject to intention or negligence.

[Reference Provisions]

Article 750 of the Civil Act

Plaintiff-Appellee

Korea Savings Bank

Defendant-Appellant

ubaba

Judgment of the lower court

Seoul High Court Decision 57 Civil Gong1078 delivered on June 17, 1958, Seoul High Court Decision 2007Da1078 delivered on June 17, 2008

Reasons

The court below held that even if the defendant leased the house from the former owner, the possession of the building on the part of the defendant from July 12, 1946, which was the next day after the plaintiff completed the registration of ownership transfer under his name, shall be illegal. Thus, the defendant is obligated to order the original building and pay the amount equivalent to 30,000 won of the rent every month from that date to the completion of the order. Although the defendant resides in the house under a legitimate lease agreement with the former owner, it cannot be asserted against the new owner without the registration of the lease. Thus, the defendant cannot refuse the registration of ownership transfer of the house by asserting the right of lease, and if the defendant is a person residing under a lawful lease agreement with the former owner, he cannot refuse the registration of ownership transfer because he did not know or know the fact that the ownership of the house was transferred to the plaintiff due to the auction, or he did not know it due to negligence, and if the plaintiff does not have any intention or negligence to prove that it constitutes an infringement on the plaintiff's ownership due to an intentional or negligent possession.