With respect to a house which is a mortgaged property, a claim for housing repair expenses and a lien of a person in the same circumstances as the surety's property;

In case where a person who received a donation of a building has had a donor establish a mortgage to a third party by completing a registration of ownership transfer in the future, and thereafter a third party has acquired the building by auction, the donor may not exercise the right of retention even if he spent the expenses to repair the house before applying for auction.

Article 295 of the Civil Act

Korea Savings Bank, Inc.

Yellow Hun-Ma

Seoul High Court Decision 57 Civil Gong1016 delivered on February 26, 1958, Seoul High Court Decision 2007Da1016 delivered on February 26, 1958

In light of the court of first instance cited by the original judgment, upon examining the record of this case, the non-party Hoh Bank donated this case to the defendant, ordered him to do so, and had the defendant reside in it, but before the registration of transfer of ownership was made, the defendant still repaired the building on the original market with the approval of the defendant, and thereafter, the non-party Hoh Bank established the right to collateral security and completed the registration of this case to the plaintiff after completing the registration of transfer of ownership under the name of the building on the original condition with the approval of the defendant, and the plaintiff did not perform the obligation to collateral security, so if the auction was newly established and the plaintiff acquired the ownership as the successful bidder at the auction, it is possible to see the fact that the plaintiff acquired the ownership as the successful bidder at the auction, as it is in the same circumstance as the property on the property on the property and therefore there is no right to collateral for the defendant, so it is obvious that

Justices Lee Dong-ju (Presiding Justice)