다수인의 간접점유 - 대법원 2012.2.23. 선고 2011다61424,61431 판결을 중심으로 -

The Judgment of the Supreme Court treated in this study concerns thecase where creditors of a person who is a lessor and a owner of buildinginsisted indirect possession and interdicta against the new owner, who hadforcibly taken the building away from the former owner’s creditors. TheCourt dismissed the recovery demand on the grounds that the creditorswere not indirect possessors. On the assumption of existence of partnership between the lessor andhis creditors, they jointly share indirect possession of the leased object, sothat the creditors who are also the indirect possessors are able to exercisepossessory remedies. This indicates that a member of the partnership is inthe position of an indirect possessor of the partnership asset, even thoughthe person did not actually create contractual relationship such as leasecontract.