Owners of buildings constructed at the contractor’s materials and costs;

Where a contractor constructs a building with his/her own materials and effort, the owner of the building shall pay the contract price and receive the delivery of the building until the contractor receives the delivery of the building, except in extenuating circumstances.

Article 644 of the Civil Act

Supreme Court Decision 71Da2541, 2542 Delivered on February 29, 1972

Hansung Construction Co., Ltd., Counsel for the defendant-appellant

Defendant 1 and one other

Seoul High Court Decision 79Na2185 delivered on March 14, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

The defendants' first ground for appeal is examined.

This is to criticize the judgment of the court below on the ground of evidence preparation and fact-finding which belong to the exclusive jurisdiction of the court below, which is the fact-finding court, and even if examined by the records, the judgment of the court below is just, and there is no error of law by misunderstanding the rules of evidence

Second, we examine the above grounds for appeal.

Where a contractor constructs a building with his/her own materials and effort, unless there is a special expression of intention, the contractor shall pay the contract price and receive the delivery of the building, and the ownership of the building shall be deemed the contractor (see Supreme Court Decision 71Da2541, 2542 delivered on February 29, 1972). Article 666 of the Civil Act provides that the contractor of the real estate construction works may request the establishment of a mortgage for the purpose of securing the claim for remuneration as provided in Article 665 of the same Act, and it does not relate to the ownership of the completed real estate. The judgment of the court below is just, and the defendants' assertion on this point is nothing more than the independent opinion, and it cannot be accepted.

Therefore, this appeal is without merit, and it is dismissed. The costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Byung-ho (Presiding Justice)