The degree of construction of an unbuilt apartment to acquire the ownership of the apartment upon its original acquisition by a person who has completed it after obtaining it in excess of a completed apartment;

In order to make it an original acquisition of ownership by way of the construction by the delivery of a completed apartment, it is necessary to obtain the apartment from the apartment to the extent that it has not been equipped with the form and structure that can be seen as a building by social norms, and complete it as a building.

Articles 99 and 187 of the Civil Act

Supreme Court Decision 83Meu1659 Decided June 26, 1984

Plaintiff

Defendant

Seoul High Court Decision 82Na3568 delivered on August 23, 1983

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

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below, based on the evidence adopted by the court below, concluded a contract with the defendant on April 3, 1981 to purchase 8,00,000 won of the price for the third floor apartment building A (A) Dong 00,000 and its site share from the defendant, which he had constructed, and paid 4,00,000 won out of the price for which the construction work of the apartment of this case was performed. However, the construction work of the apartment of this case was defective and the construction work of the apartment of this case was suspended, and the plaintiff agreed to transfer the apartment of this case to the defendant and completed the remaining construction work, and confirmed the fact that the plaintiff acquired it at the plaintiff's expense and completed the construction work at the plaintiff's expense.

However, in order for the plaintiff to acquire the ownership of the apartment of this case as a result of the construction of the apartment of this case, it is necessary that the plaintiff acquired the apartment of this case to the extent that it had not yet been equipped with the form and structure that can be seen as a building under the social norms, and completed it as a building. The court below's decision that the plaintiff completed the construction of this case at his own expense without examining and confirming the construction level at the time when the plaintiff would have received the apartment of this case from the defendant, and that the plaintiff acquired the ownership of this case from the construction of the apartment of this case. Thus, the court below's decision that judged that the plaintiff had acquired the ownership of this case as a result of the construction of the apartment of this case without examining and confirming the construction level at his own expense, affected the conclusion of the judgment by misapprehending the legal principles on the original acquisition of the ownership of the building, or failing to exhaust all deliberation thereon,

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)