If the actual area of the site subject to sale considerably exceeds the area on the registry, the nature of the buyer’s possession of the excess portion (other possession)

A person who intends to purchase an ordinary real estate enters into a sales contract after confirming ownership, size, etc. by a certified copy of the register, cadastral record, etc. before entering into the sales contract. Therefore, barring any special circumstance, it is reasonable to deem that the contracting party was aware of such fact in the event the area of the site subject to sale considerably exceeds the area indicated in the register. In such a case, barring special circumstances, such as the seller’s acquisition and transfer of ownership to the excessive portion, the excess portion shall be deemed as the sale of the right of occupation and use, and accordingly

Articles 197(1), 245(1), and 563 of the Civil Act

Lee-seok et al. (Attorneys Hwang Jae-soo et al., Counsel for the plaintiff-appellant)

Korea

Seoul District Court Decision 95Na42040 delivered on August 20, 1996

The judgment of the court below is reversed and the case is remanded to the Seoul District Court Panel Division.

We examine the grounds of appeal.

On the first ground for appeal

1. According to the reasoning of the lower judgment, the lower court: (a) purchased the above part of the 1stm2, 7thm2, 1974 square meters on the 1stm2, 7thm2, the above part of the 1stm2, 7thm2, and the above part of the 1stm2, 7thm2, the Plaintiff occupied the above part of the 1stm2, 7thm2, and the above part of the 1stm2, and sold the above part of the 1stm2, 7thm2, and the above part of the 1stm2, the 1stm2, 7thm2, and the above part of the 1stm3m2, the 197m2, and the above part of the 1stm2, the 197m2, the Plaintiff occupied the above 4thm2, the above part of the 1stm2, and the above part of the 1stm2, the above part of the 198m2.

2. In light of the records, it is justifiable that the court below recognized the possession of the parts 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 2, 2, 3, 3, 3,

3. However, it is difficult to accept the judgment of the court below that the plaintiffs and each of their former possessor occupy the above parts of the dye, brue, wale, and wale as their own intention.

(1) A person who intends to purchase real estate enters into a sales contract after confirming the ownership relationship and size by the certified copy of the register, cadastral record, etc. before entering into the sales contract. Therefore, barring any special circumstance, it is reasonable to deem that the contracting party was aware of such fact in the event that the area of the site of a house subject to sale considerably exceeds the area indicated in the register. In such a case, barring any special circumstance, such as the seller’s agreement to acquire and transfer the ownership of the excess portion, the excess portion shall be deemed the sale of the right to occupancy and use, and accordingly,

(2) As indicated in the judgment of the court below regarding this case, the above land area is 40m2, 84-58m2, YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY.

Therefore, the judgment of the court below which presumed the possession of the plaintiffs and all of the above occupants as the possession independently without examining the above special circumstances, e.g., e., e., e., e., e., e., e., e., e., e.,

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Yong-hun (Presiding Justice)