Cases of loss caused by a tort such as special circumstances;

Since a person who has lost ownership of an object due to a tort of another person fails to seek compensation for damages equivalent to the market price of the object but fails to use the object, only demanding compensation for damages arising from the loss of profit which could have been acquired due to the illegal act of another person is a matter belonging to a different case according to transaction practices. Therefore, it is necessary to explain special circumstances that can be understood as a matter pertaining to this case, and if so, it is erroneous in the misapprehension of reasons.

Article 709 of the Civil Act

Plaintiff

Defendant

Incheon support in the first instance court, Seoul High Court Decision 58 Civil Code35 decided Apr. 22, 1958

The court below's decision that the person who lost the ownership of a thing due to the other person's illegal act does not demand compensation for damages equivalent to the market price of the thing in question due to the loss of the article itself, and therefore, it is necessary to explain special circumstances that can be understood as facts belonging to this case in recognizing the above facts in light of transaction practices. In this case, the court below's decision that the secured claim of this case is erroneous in the misapprehension of the legal principle, since the non-party 1 loses the ownership of the vessel due to the non-party 2's illegal act, because the non-party 1 was not 500,000 won on the basis of the purchase price of the vessel which he suffered due to the non-party 2's illegal act, and it was not 50,000 won on the basis of the loss of profit which he could have acquired due to the loss of the vessel's own loss, and therefore, the court below's decision that this case's secured claim constitutes an illegal act without any special reasons.

Justices Byunok-ju (Presiding Justice)