The case where there was an error of misapprehending the legal principles on the registration of creation of superficies for the purpose of owning trees;

A person who has acquired superficies for the purpose of owning trees shall be presumed to have acquired existing ownership of the forest trees at the time of the establishment of superficies for the forest land unless there are special circumstances.

Article 279 of the Civil Act

Plaintiff

Defendant

Seoul High Court Decision 72Na11 delivered on July 6, 1972, the second Chuncheon District Court Decision 72Na11 delivered on July 6, 1972

The original judgment is reversed, and the case is remanded to Chuncheon District Court Panel Division.

As to the ground of appeal No. 1 by Defendant’s Attorney

In the reasoning of the judgment of the court below, the defendant sold the standing timber to the non-party on January 10, 1971 and completed the registration of creation of superficies in its name. The non-party asserted that only the non-party is the owner of the standing timber, but the registration of creation of superficies is made on forest land which is the ground of the standing timber, it cannot be deemed that the ownership of the standing timber was transferred on the ground, and the statement in Eul evidence No. 1 cannot be deemed as being transferred as the assertion. In addition, on June 1, 1972, the plaintiff recognized the fact that the plaintiff carried out the method of nameing since the right to the standing timber was set up in the bulletin board to indicate that the standing timber was owned by the plaintiff.

However, according to the evidence evidence evidence No. 1, the non-party, as alleged by the defendant, stated that the non-party acquired superficies on the forest for the purpose of owning trees by establishing superficies on January 30, 1971 for the purpose of owning trees, and barring any special circumstance, the defendant is presumed to have first acquired superficies on the forest for the purpose of owning trees, and as long as the purpose of owning trees is for the purpose of owning trees, it is reasonable to presume that the ownership of existing standing timber on the forest for the purpose of owning them is also acquired, unless there are special circumstances, at the time of the establishment of superficies on the forest for the purpose of owning trees. In addition, according to the testimony of the non-party, which was adopted as evidence, he purchased standing timber on the forest for the purpose of owning trees from the defendant on January 10, 1971 and registered the creation of superficies on the forest for the purpose of owning trees, and if the above testimony was adopted, the court below did not err in matters of law by misunderstanding the legal principles on the establishment of superficies registration for the purpose of owning trees, and without any ground for appeal.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

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