2021년 민법총칙, 물권법 판례 평석

This paper reviews some of the noteworthy decisions concerning on civil cases(General Provisions and Real Rights) of the Supreme Court in 2021. General Provisions: Article 150 para. 1 of the Civil Act can be applied analogously to cases where one party declined the cooperation expected legitimately. If the insurance contract for the purpose of illegally obtaining insurance money through a number of contracts is invalid, a five-year statute of extinctive prescription applies to the right to claim the return of unfair gains. Because the mortgagee next in priority does not directly benefit from the extinction of the prior mortgage, he cannot be argued that the the extinction of the mortgage. Real Rights: When the title trustee transfers the right to request the registration of ownership by the notice of rescission, the transferee cannot directly request the registration of ownership transfer to the title trustee if the title trustee agrees transfer. A possessor is presumed to be in possession with the intention of holding as owner, this presumption applies equally to the state or local governments. If a possessor has been deprived of the possession of his property, he may demand the return of that which he was deprived. As possessory actions and actions on title shall not exclude each other, both action shall be accepted. When he has acquired the possession of burial ground, he may have an obligation to pay an appropriate rent. Where two or more immovables owned by a debtor and a person who has pledged his own property to secure a debtor are mortgaged to secure one claim, the latter would have received out of other immovables of the former.