The owner shall vest in the ownership of a completed building where the building was constructed by a building permit under the name of another person.

Where the owner has constructed a building in the name of another person, the owner shall acquire the ownership of the completed building in the original condition.

Article 187 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law No. 350, Jun. 23, 1987) (Law No. 1987, Jan. 1135, 1988) (Law No. 1987, Jan. 135, 199)

[Judgment of the court below]

[Defendant-Appellee] Defendant 1 and 2 others, Counsel for defendant-appellant-appellee

Seoul Civil District Court Decision 90Na13115 delivered on October 10, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

According to the reasoning of the judgment below, the court below recognized the fact that the building of this case was newly constructed at the expense of the non-party, and the original acquisition of ownership was made by the non-party, and that only the defendant Cho Sung-sung, Dong Byung-sung paid the lease deposit such as the recognition on the date of the decision of the court below on June 1987, and completed the resident registration transfer report on each resident registration at the time of the decision of the court below, and held that the lease relationship can be asserted against the plaintiff who acquired the building thereafter, and that the return of the lease deposit and the name of the building can be asserted against the plaintiff who acquired the building in simultaneous performance relationship.

In addition, we cannot accept the argument that the court below's decision that the building owner acquired the ownership of the completed building at the original time even if the building owner constructed the building under the name of another person (see, e.g., Supreme Court Decision 89Meu1884, Apr. 24, 1990) is erroneous in the misapprehension of the legal principle that the court below held that the building owner acquired the ownership of the building at the original time by constructing the building in this case. All arguments on the appeal cannot be accepted.

Therefore, the appeal is dismissed 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.

Justices Song Man-Ba (Presiding Justice)