[손해배상][집17(1)민,071]
In the event that ownership of a specific material is lost, the principle that the amount of damages should be calculated at the exchange price at the time of the tort, or that the principle cannot be applied as it is, unless special circumstances exist.
In case of loss of ownership of a specific object, the principle of calculating the amount of damage according to the exchange price at the time of the tort can not be applied as it is, unless there are special circumstances.
Articles 750 and 393 of the Civil Act
Plaintiff
Defendant-Appellee (Attorney Choi Jong-soo, Counsel for defendant-appellee)
Gwangju High Court Decision 68Na177 decided Oct. 30, 1968
The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Gwangju High Court.
Judgment on the ground of appeal No. 1 by Defendant’s Attorney
On December 26, 1966, the defendant filed a lawsuit against the above non-party 1 to remove the building without a legitimate title, and the judgment became final and conclusive on December 26, 1966 by the Gwangju District Court and ordered the removal of the house of the Gwangju District Court on July 21, 1967. Meanwhile, according to the judgment on February 26, 1964, the above non-party 1, who first constructed the building, completed the preservation registration on June 15, 1964, was awarded a successful bid to the non-party 2 on June 15, 1965, and the ownership transfer registration was made in the same name on October 13, 196, and the plaintiff did not have any liability for removal of the building under the above non-party 1's original judgment on September 5, 196, which did not affect the plaintiff's execution of the registration of ownership transfer. Thus, it cannot be said that the defendant did not have any liability for removal of the building.
Judgment on the second ground for the same reason
According to the reasoning of the judgment, in principle, if the ownership of a specific building was destroyed, the amount of damages should be calculated based on the exchange price at the time of the above act. At the time of destruction of the building, the price at the market price at the time of this case (1967.7.21) is at least 40,000 won, and the price at the existing building after removal is at KRW 8,160,000,000,000, after deducting KRW 8,160,000,000,000 from the compensation amount at the time of the transfer, and there is no obligation to pay 50,000,000,000 won per annum from July 22, 1967 to the date of completion of the above building. However, according to the judgment established by the court below, the defendant's testimony at the time of removal of the building at the time of this case can not be viewed as an unlawful act against the plaintiff's first building's construction without any special reason.
It is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)