In the event that both housing and housing sites are unsatisfyed, the housing occupied by each unit and the site on which the housing is located is ordinarily unsatisfyed unless there are special reasons

A. In a case where both a house and a site belong to the property to which they belong, a contract under which a house is in possession and a site attached to the house is ordinarily held unless there is a special reason to the contrary, and it cannot be deemed that a part of the house was left to another person except for a part of the site where it is located.

(b) In a case where both a house and a site are unsatisfed, it belongs to an ordinary case where the house occupied each time without any special reasons, and the house is to be removed from the house; and

Article 10 of the Enforcement Decree of the Act on the Disposal of Property Belonging, Article 393 of the Civil Procedure Act

Plaintiff

Defendant 1 and one other

Seoul High Court Decision 67Na2361 delivered on January 30, 1968, Seoul High Court Decision 67Na2361 delivered on January 30, 1968

We reverse the original judgment.

The case is remanded to Seoul High Court.

The plaintiff's attorney's ground of appeal No. 1 is examined.

The court below rejected the testimony of the non-party 3 of the first instance trial witness, which corresponds to the facts that the 3.8th of the site in the dispute of this case (the 3.8th of the original decision's claim) was the site belonging to the non-party 1 and part of the 16th of the house construction that is the property belonging to the non-party 1, which is the property belonging to the non-party 1, was constructed on that site, on the ground that the 3.8th of the building site in this case was entered as the non-party 2 in the non-party 1's non-performance contract with the non-party 3.8 of the building site of this case, including the 3.8th of the building site in this case.

However, according to Article 10 of the Enforcement Decree of the Act on the Disposal of Property Belonging to the State, in the case of a house belonging to the State, the lessee recognizes the right to purchase the house prior to the lessee, and the lessee actually refers to the contractor who uses the house, and in the case of a house belonging to the State, in full view of the fact that the house and the land were occupied by dividing the non-party 1 and the non-party 2 into the above non-party 1 and the non-party 2, and the part of the building in possession of each house while occupying the house, the house and the land in possession of each house are ordinarily owned unless there are special reasons to the non-party 2 in the contract on the non-party 1 and the non-party 2's house, the house and the land in the house are in possession of each house shall be removed from the ordinary case to the purchaser of the other house except (in the case of this proposal, only 3.8 square meters of the house and the part of the house are 18.8 square meters of the building site without any reasonable grounds to the non-party 21's opinion.

It is so decided as per Disposition by the assent of all participating Justices on the remaining grounds of appeal.

Judges of the Supreme Court (Presiding Judge) Do-dong Do-won Nababri