Main Issues
If the buyer did not know that the object of the sale belongs to the seller by negligence, whether the amount of compensation for such negligence is taken into account.
Summary of Judgment
When the buyer does not know that the ownership of another person's goods does not belong to the seller, due to the buyer's negligence, he shall take this into consideration in calculating the amount of compensation for the buyer.
[Reference Provisions]
Articles 570 and 396 of the Civil Act
Plaintiff-Appellee
Gyeonggi-do
Defendant-Appellant
Korea
Judgment of the lower court
Seoul High Court Decision 70Na1576 delivered on December 24, 1970, Seoul High Court Decision 70Na1576 delivered on December 24, 1970
Text
The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court.
Reasons
The grounds of appeal by the defendant litigant are examined.
According to the reasoning of the judgment of the court below, the land located in Incheon City as a problem in this case was purchased by the government without fault while it was enforced, but it was not distributed to the plaintiff on August 30, 1962. On the other hand, the above land was designated as an urban planning road or residential area under the Urban Planning Act of January 20, 1962 and was excluded from the application of the Farmland Reform Act, the court below rejected the plaintiff's claim for cancellation of the ownership transfer registration of the land of this case against the original owner without knowing the above land ownership to the plaintiff. The court below did not err by misapprehending the legal principles as to the seller's land ownership at the time of this case's cancellation of the above sales contract and the plaintiff's claim for damages in lieu of its implementation was justified. The court below rejected the plaintiff's assertion that there was no error in the misapprehension of the legal principles as to the seller's land ownership at the time of this case's conclusion that the plaintiff was not aware of the fact that the land was not owned by the plaintiff.
In this regard, the part against the defendant among the original judgment is reversed, and the original judgment is ordered to be further examined. It is so decided as per Disposition by the assent of all participating Justices on the bench.
The presiding judge of the Supreme Court of Korea (Presiding Judge) shall be the red net shots and the white shots