The meaning of "the date when the bona fide purchaser knows the fact", which is the starting point of the exercise period under Article 573 of the Civil Code.

The "the date on which the bona fide purchaser becomes aware of the fact", which is the starting point of the period of exercise of rights under Article 573 of the Civil Code, refers to the date on which the seller becomes unable to acquire it and transfer it to the buyer because part of the right is not simply known to another person.

Article 573 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Attorney Lee In-bok, Counsel for plaintiff-appellant

Defendant-Appellant’s Early Appeal

Chuncheon District Court Decision 90Na1902 delivered on July 5, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

1. According to the reasoning of the judgment below, on July 17, 1985, the plaintiff purchased the land of this case as 8,00,000 won in a house with 39.42 square meters and 129.93 square meters on a single-story 450 square meters constructed on each ground of 2,097 square meters and 450 square meters from the defendant at Won-si ( Address 1 omitted). At the time of the above sale contract, the court below, with the knowledge that each of the above parties was constructed on the above ( Address 1 omitted) 2,097 square meters on the ground of the above (road 2,097 square meters). After all of the above buildings, the court below did not err in the law of facts finding that the above buildings were constructed on the ground of 450 square meters on each ground of 4,000 square meters on which the above buildings were owned by the defendant, but it did not err in the law of facts finding that the above buildings were constructed on the ground of 194,200000 square meters.

2. The "date when a bona fide purchaser becomes aware of the fact", which is the starting point of the period for the exercise of rights under Article 573 of the Civil Code, refers to the date when the seller becomes aware of the fact that part of his right belongs to another person, not simply because the seller becomes aware of the fact that it is impossible to acquire it and transfer it to the buyer (see Supreme Court Decision 89Meu17676 delivered on March 27,

In the same purport, the court below's rejection of the plaintiff's claim on February 27, 1989, on the ground that there is no evidence that the plaintiff was aware of the fact that it was impossible for the plaintiff to acquire the part of the state-owned land and transfer it to the plaintiff when the plaintiff entered into a loan agreement with the original state-owned land management agency on February 27, 1989, with the only evidence presented by the court below as to the defendant's defense that the period of exercise of the plaintiff's right was excessive, and there is no other error of law such as violation of the rules of evidence, incomplete hearing, and lack of reasoning, which points out by the theory of lawsuit.

3. All arguments are without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Choi Jae-ho (Presiding Justice)