Claim of the owner of the site to remove the building by purchasing only the building and

The owner of a site who is illegally occupied by the building may demand the removal of the building even to the possessor of the building who has purchased the building from the former owner and has not registered it.

Article 211 of the Civil Act

Supreme Court Decision 66Da1538 Delivered on October 18, 1966

Plaintiff

Defendant

Busan District Court Decision 66Na299 delivered on October 7, 1966

We reverse the original judgment.

this case is remanded to Busan District Court Panel Division.

As to the grounds of appeal by the Plaintiff’s attorney

According to the judgment of the court below, the court below held that the above non-party 1, the original owner of the building, and the non-party 2, the non-party 3, and the non-party 4, the deceased's husband and the deceased's deceased's deceased deceased, were sold to the plaintiff on August 13, 1964 after the non-party 1 received the price and paid the price and sold the price to the plaintiff on August 14, 1964, and the plaintiff was registered for ownership transfer transfer. The non-party 4, the deceased's deceased and the deceased's deceased, the non-party 4, the deceased's deceased's deceased heir's deceased heir's deceased and the non-party 4, the non-party 4, the non-party 1, the non-party 2, the original owner of which had been constructed on the ground of the non-party 1, the non-party 1, the non-party 1, the non-party 1, the deceased's deceased's deceased heir's ownership.

However, in principle, since removal of a building constitutes a final disposition of ownership, in principle, the right to remove the building is held by only the owner (the title holder in the Civil Code) who purchased the building from the former owner, or as long as the building is in possession of the building from the former owner, within the scope of the right, the owner of the building in possession is in a position to legally or actually dispose of the building. Since the building is constructed, and the building is illegally occupied, the owner of the building who is illegally occupied can demand the possessor of the building in the above position to remove it. Thus, as recognized by the court below, the purport of the previous Supreme Court Decision (Law No. 18, Oct. 18, 1966; Supreme Court Decision 6Da1538 delivered on Oct. 18, 196). Therefore, if the deceased non-party 4, the deceased non-party 4, who is the deceased, is deceased without purchasing the building as a legitimate building and dies while living together with other inheritors, the defendant has the right to remove the building within the scope of the above authority.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong