[부동산소유권보전등기와저당권설정등기각말소및사무실과점포명도][집10(3)민,140]
If the contractor provides all or part of the building materials, the legal principle that the ownership of the completed building belongs to the contractor is applied if there is no special agreement between the parties.
If the contractor provides all or part of the building materials, the legal principle that the completed building ownership belongs to the contractor is applied to the contractor unless there is any special agreement between the parties.
Article 664 of the Civil Act
For e-road
Yellow-ro Owners
Daejeon District Court Decision 4290No579 delivered on July 30, 1959, Daejeon High Court Decision 4290Na579 delivered on July 30, 1959
The judgment of the court below is reversed.
The case is remanded to Seoul High Court.
As to the ground of appeal No. 3 and No. 1 and No. 2 of Hongman as to the defendant's agent Yang Sung as stated in the separate statement of reasons for appeal
According to the original judgment, the court below held that it is reasonable for the defendant company to have the ownership of the building in question to be transferred by the plaintiff on the ground that 90% of the plaintiff's processing for the construction of this case is equal to the pre-sale of the pre-sale, and that the ownership of the building in dispute shall be owned by the plaintiff on the premise that it is owned by the plaintiff on the premise that the ownership of the building in question is owned by the plaintiff on the sole basis of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the construction. However, the legal principle that the ownership of the building in question belongs to the pre-sale of the pre-sale of the pre-sale of the pre-sale of the pre-sale of the construction is not unlawful and reasonable for the plaintiff.
It is so decided as per Disposition by the assent of all participating judges in accordance with Article 406(1) of the Civil Procedure Act by omitting an explanation of other grounds of appeal.
Justices Doh-don (Presiding Justice)