Whether a building is transferred and the possession of the site is transferred (affirmative)

In light of social norms, since a building cannot exist regardless of its site, the land which became the site for the building shall be deemed to have been occupied by the owner of the building, and if the owner of the building transferred his ownership to another building, it shall be deemed that the possession of the building site was also transferred, barring any special circumstances. Therefore, in a case where Party A purchased the land and instead did not register the ownership transfer, and instead instead built a new building and resided on the ground and transferred only the building to another party, Party A shall be deemed not to possess the building site, and there is no ground for defense of prescriptive acquisition premised on the premise that Party A continued to occupy the building site even after the transfer of the building.

Articles 192, 196, and 245 of the Civil Act

Attorney Seo Young-young et al., Counsel for the defendant-appellant

Hexical Assistants

Daegu High Court Decision 80Na504 delivered on October 16, 1980

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

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

The judgment of the court below is justified. The land of this case was originally owned by the non-party 2, who is the non-party 1, the plaintiff's original expansion, and he donated the above land to the non-party 2, who is the south of the above court. However, it is hard to find that the ownership of the above land was occupied by the non-party 2, the non-party 1, who was the plaintiff's father, and the non-party 2, was trusted to the non-party 1, who was the plaintiff's father's father's father, and the non-party 1, who succeeded to the death of the above court's construction, sold the above land to the non-party 1, the non-party 7, and the defendant's non-party 2, who was the non-party 1, the non-party 1, who was the non-party 2, the above building's second-party 1, who was the non-party 1, and the non-party 2, the above building's second-party 3, after the expiration of the prescription period of this case.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the Daegu High Court which is the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Jong-young (Presiding Justice)