In case where a part of several rights which have become the object of a blanket sale belongs to others, whether Article 572 of the Civil Act concerning the seller's liability for warranty applies (affirmative)

Where a part of a right which has become an object of sale belongs to another person, the provisions of Article 572 of the Civil Act concerning the seller's liability for warranty shall also apply to cases where a part of a single right belongs to another person, not only to cases where a part of a single right belongs to another person, but also to cases where a part of a single right is set for the purpose of collective sale, such as where it is impossible

Article 572 of the Civil Act

Attorney Park Jin-Un, Inc., Counsel for the defendant-appellant

Daegu Bank Co., Ltd., Counsel for the defendant-appellant

Daegu High Court Decision 87Na1606 delivered on April 1, 1988

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

The grounds of appeal No. 1 by the defendant's attorney are examined.

According to the reasoning of the judgment below, the court below rejected the defendant's claim that part of the above real estate was purchased from the non-party company 1 to the non-party 3,618 square meters of land for the above 42,618 square meters and the above 387,100 square meters of land for the above 1204 and the machinery and facilities installed on the above 487,000 square meters and sold the above auction price to the non-party 1, the non-party company for the above 5's sale and purchase of the above real estate at the time of the above 1982. The plaintiff's claim that the non-party 1 had no intention to purchase and sell all of the above real estate and its factory facilities at the time of sale and purchase of the above 1983. The plaintiff's claim that the non-party 2 had no intention to purchase and sell the above 19,000 won of the above real estate and that the non-party company had no right to purchase and sold the above real estate in its name at the time.

However, the provisions of Article 572 of the Civil Act concerning the seller's liability for warranty in a case where a part of the right which was the object of sale belongs to another person is not applicable only to a case where a part of a single right belongs to another person, but also to a case where several rights are determined for the purpose of a blanket sale, barring special circumstances, such as where it is impossible to calculate the price in accordance with the ratio of the non-transferable part of the right to transfer among the rights to a collective sale. According to the established facts of the court below, the sales contract of this case is determined for the purpose of a collective sale of several rights, such as the above factory site, building, machinery, etc., and only the ownership of two buildings belongs to another person, and thus the defendant could not acquire and transfer this part of the right to the plaintiff, and it constitutes a case where a part of the right under Article 572 of the Civil Act belongs to another person. Therefore, the court below should have deliberated as to whether the plaintiff exercise its right within the period under Article 573 of the Civil Act, but rejected the defendant's claim.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won