A borrower who had a relation of a loan for use at the time of sole ownership may not thereafter set up against another co-owner who became the owner of a portion of the share.

If, after a person owns an article solely, he/she has entered the joint ownership relationship after he/she entered a lending relationship with him/her concerning the use of such article, he/she has transferred part of his/her share to another person, the borrower may not oppose a new co-owner as the right to use the article.

Freeboard accommodation

Republic of Korea, ferries et al.

Cheongju area in the first instance, Seoul High Court Decision 61Na1725 delivered on October 19, 1962

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

The Reasons for Appeal of the plaintiff's agent is as follows. If, after a substitute person owns an article solely, he transferred part of his share to another person, and the owner of the article entered into a co-ownership relationship with him, he cannot set up against the new co-owner the right to use the article. However, according to the facts established by the court below, it cannot be viewed that the borrower can not set up against the new co-owner the right to use the article. However, on May 25, 1956, when the non-party is holding the building in this case under his own name, the contract for the lending of the part disputed in this case was concluded for 15 years between the non-party long-term interested parties and the defendant long-term interested parties, but the above transfer part of the share of this building to the South, the court below's decision as to the non-party's right to use the building is reversed, and it cannot be viewed that the plaintiff-Appellant's right to use the building was not owned solely by the court below, and thus, it cannot be viewed that the plaintiff-Appellant's right to use of this case was justified.

Justices of the Supreme Court (Presiding Judge)