The purport of recognizing the right to acquire the fruits in good faith to the possessor in good faith under the Civil Code 201(1)

In accordance with Article 201(1) of the Civil Act, recognition of the right to acquire fruits from the possession of the object in good faith is a right recognized by the effect of the possessor in good faith, regardless of the existence of this right, regardless of the existence of this right, and unless the possessor in good faith changes into the possessor in bad faith, the possessor in good faith shall not be obliged to return the benefits arising from the acquisition in bad faith even though the receipt of such fruits was performed without

Plaintiff

Han Han Bank Co., Ltd.

Gwangju High Court Decision 75Na224 delivered on March 11, 1976

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

Judgment on the Defendant’s Grounds of Appeal

In light of the reasoning of the judgment, the defendant is obligated to return to the plaintiff since he occupied and used the land of this case, which is the land owned by the plaintiff, which was subject to the registration of ownership transfer in the future of the plaintiff, without any legal ground. Accordingly, the defendant suffered damages equivalent to the same amount. As to 34 square meters among the land of this case, the defendant is obligated to return it to the plaintiff. As to 1,158,181 won from December 9, 1967 to 25 March 197, 197, and 8 square meters from March 25, 197, the defendant was not obliged to acquire the right of possession in bad faith and to pay 23,00 won from March 25, 197 to 7.20 won, the court below did not err in the misapprehension of legal principles as to the possessor of the right of possession in good faith without being aware of the legal reasoning as to the possessor of the right of possession in the land of this case.

Therefore, the original judgment is reversed, and the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Han-jin (Presiding Justice)

Justices Dra-ro has an obstacle to signing and sealing.