Whether it can be deemed that the Seoul Special Metropolitan City illegally occupied as the stable site only by the fact that stone embankments were accumulated in the part abutting on the road in performing road expansion construction works.

In performing road expansion works, the fact that the Seoul Special Metropolitan City has stockpiled stone festivals on the part abutting on the road cannot be deemed to have illegally occupied the site of another person as the stable site.

Article 750 of the Civil Act

[Judgment of the court below]

Attorney Han-chul et al., Counsel for the defendant

Seoul High Court Decision 74Na237 delivered on July 10, 1974

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

Judgment on the grounds of appeal by the Defendant’s attorney

The court below determined that it was hard to find out the following facts based on the evidence of No. 1, No. 2-4 (Verification Protocol), No. 6 of the Road Act, No. 7-8 (In fact inquiry), and No. 4-1 (No. 57), which had been established by the owner of the above-mentioned land for the purpose of preventing the use of the above-mentioned land from occupying the above-mentioned land, and that it was no more than that of the above-mentioned land for the purpose of preventing the use of the new site than that of the above-mentioned land at No. 1, No. 5 (No. 6 of the Seoul Western High School Co., Ltd.) and no more than that of the above-mentioned land for the purpose of preventing the use of the new site than that of the above-mentioned land by the owner of the above-mentioned land for the purpose of preventing the use of the new site at No. 1, No. 51 (No. 1, 1964) and no more than that of the above-mentioned land for the purpose of preventing the use of the new site.

Therefore, the original judgment 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 Lee Il-young (Presiding Justice)