Joint possessory right to the maintenance of those persons who take over from the maintenance managed by the repair fraternity and participate in monging;

If the members take over from the maintenance managed by the repair fraternity and play a monm, it is deemed that the members jointly occupy the maintenance.

Article 192 of the Civil Act

Supreme Court Decision 65Da2360 Delivered on January 31, 1966

Plaintiff

Defendant 1 and 24 others

Seoul High Court Decision 66Na1235 delivered on November 30, 1967

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

We examine the Plaintiff’s ground of appeal.

The court below held as follows with respect to the main claim (delivery) of this case. In other words, the maintenance (the base is registered in the name of the plaintiff on the register. The address is omitted) is currently in possession and management by the Boan-gun, Chungcheongnam-gun, and under the management of the Boan-gun, it is recognized that the above maintenance is taking over from the farmland owned by the defendants and the above maintenance is in agriculture. Thus, the plaintiff may not be deemed to have jointly occupied the above maintenance, on the sole basis of the fact that the plaintiff is taking over the above maintenance from the above maintenance work owner or the possession manager of the maintenance work, and the defendants cannot be deemed to have jointly occupied the above maintenance. However, the court below's decision is reversed and it is reasonable for the defendants to maintain the above maintenance as a matter of the judgment of the court below, and it is reasonable for the court below to 160,000 won to 36,000 won or more.

This decision is consistent with the opinions of the involved judges.

The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet