Main Issues
Cases where there were errors in the misapprehension of legal principles as to sharing.
Summary of Judgment
A person who purchased 100 square meters of the land before replotting shall thereafter be the one of the co-owners of the land after replotting in the case of replotting in the amount of 184 square meters to 117 square meters. Thus, a person who purchased 100 square meters of the land before replotting shall be the one of the co-owners of the land after replotting.
[Reference Provisions]
Article 265 of the Civil Act
Plaintiff-Appellant
Plaintiff
Defendant-Appellee
Defendant 1 and one other
Judgment of the lower court
Busan District Court Decision 65Na274 delivered on March 23, 1966, Busan High Court Decision 65Na274 delivered on March 23, 196
Text
We reverse the original judgment.
This case is remanded to the Daegu High Court.
Reasons
As to the grounds of appeal by the Plaintiff’s attorney
According to the judgment of the court below, the court below acknowledged that the land area of 184 square meters was replaced by 117 square meters and 117 square meters of the land site in Busan-gu, Busan-si, Busan-si, Busan-si, which is the land prior to replotting, as the land substitution determination. The court below rejected the plaintiff's claim to the effect that the plaintiff's assertion that the plaintiff purchased only 100 square meters of the land area ( Address 3 omitted), which is the land prior to replotting, 184 square meters of the total land area, 184 square meters of the land before replotting. The court below rejected the plaintiff's claim to the effect that it is unreasonable to determine whether the land ownership was legitimate or not, as the plaintiff's land owner's title was purchased from 184 square meters of the land prior to replotting, 184 square meters of the land prior to replotting as the plaintiff's land owner's 184 square meters of the land, and that the plaintiff's ground of appeal was rejected as 184 square meters of the land's of the land ownership.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)