[1] The elements of an independent building

[2] The case holding that even though the part on the ground of the newly constructed building was merely a structural part of the structural part, it satisfies the requirements of the underground floor only for the underground floor part

[1] In order to be called an independent building as an independent real estate, a minimum pole, roof, and main wall should be placed.

[2] The case holding that, in a case where a new building was already built at the time of the successful bid price payment, not only the state of completion of columns, main walls, and roof slabs construction, but also some of the stores of the first floor above the ground at the time of the successful bid price were sold to the general public, even though the part above the ground floor of the newly constructed building at the time of the successful bid was composed of a structural structure that can be the object of sectional ownership, the newly constructed building satisfies the requirements of independent building, even though the part below the ground floor of the newly constructed building at the time of the successful bid was built, since the underground floor alone was a structure that can be the object of sectional ownership

[1] Article 99(1) of the Civil Act / [2] Articles 99(1) and 366 of the Civil Act

[1] Supreme Court Decision 2000Da51872 decided Jan. 16, 2001 (Gong2001Sang, 449)

Gold Housing Co., Ltd. (Attorney Park Man-ho et al., Counsel for the plaintiff-appellant)

Defendant (Counterclaim Plaintiff, Appointed Party)

Daegu High Court Decision 2001Na1912, 3161 delivered on March 20, 2002

The judgment below is reversed, and the case is remanded to the Daegu High Court.

1. According to the reasoning of the judgment below, since the same-sex construction company (hereinafter referred to as " same-sex construction") was not a new building on February 14, 1995 and its 491 m2,46 m2 on the ground that it owned the land (hereinafter referred to as "the land in this case"), the court below concluded a contract for construction with 3rd underground floor in order to newly construct the main complex building on the 12th underground floor above the ground, and constructed a reinforced concrete structure on the 1 to 3rd underground floor until the construction is suspended due to bankruptcy around July 1996, and the building's new building's new building's new building's new building's new building's new building's new building's 1st to 4th underground floor and new building's new building's new building's new building's new building's new building's new building's new building's new building's new building's 3th underground building's new building's new building's new building's new building's new building's new building's new building'

2. However, in order to be a building as an independent real estate, a minimum pole, roof, and main wall should be formed (see Supreme Court Decision 2000Da51872, Jan. 16, 2001). According to the records, a new building can be seen as satisfying the requirements of a new building as an independent building, even if the defendant et al. acquired the ownership of the land of this case due to a successful bid, since the part of the ground floor of the newly constructed building is a structure that can be subject to sectional ownership only on the ground of the underground floor at the time of the successful bid, since the new building has not been completed at the time of the successful bid, but is an independent building at the time of the completion of the successful bid.

Nevertheless, the judgment of the court below, on the ground that the new building was not equipped with the structure and form as an independent building, is erroneous in the misapprehension of legal principles as to independent building, and it has affected the judgment.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Jae-chul (Presiding Justice)