2019년 민법총칙, 물권법 판례 평석

Abstract

This paper reviews some of the noteworthy decisions concerning on civil cases(General Provisions and Real Rights) of the Supreme Court in 2019. An agrement betwen labor and management which difers from any provisions of statutes, which are concerned with god morals or other social order shal not be permited, but the claim of the nulifcation may not be permited if it is not in acordance with the principle of trust and god faith. A demand by way of judicial procedings if the judicial action is dismised, rejected or withdrawn may be demed to have an efect of interupting prescription of a peremptory notice. An owner shal not demand the claim for removal of disturbance against ownership if the owner gave up the right of exclusive use and profit of the land for public benefit. And the limited sucesor of the owner shal suced to the limitation of the land. Local government has a duty to take apropriate measures so that their landfils may not harm or disturb the owner's use of the adjoining land. An atachment or a provisional atachment among the provisions on the interuption of extinctive prescription shal not have the efect of interupting prescription for acquirng ownership. As of partioned ownership of building, each co-owner is entiled to do any act of preservation relating to the portions used in common, but al maters relating to the administration of the article jointly owned shal be determined by general meting of the co-owners.