Government of the Republic of Korea

“ The space on or under the ground may be demarcated into upper or lower parts and may be the subject matter of the superficies for owning a building or other structures. In this case, the use of land may be restricted so as to exercise such superficies by means of an act of creation. (2) Even when a third person has a right to use and take profits from the land, if he and all persons who have rights to it, consent to do so, a sectional superficies as prescribed in paragraph (1) may be established. ”

“ If a piece of land has no access to a public road, which is necessary for the use of the land, without passing over the surrounding land, and the owner of the land cannot reach the public road, or the cost to reach the public road would be excessive, he may pass over the surrounding land to the public road, and if necessary he may construct a path. But, the method and place must be so chosen as to cause the least possible damage to the surrounding land. ”

“ A possessor may defend, with his own force, his possession against those acts unjustly depriving him of his rightful possession or disturbing it. (2) If the possessor of an immovable has been deprived of possession thereof, the possessor may recapture it by evicting the assailant immediately after the deprivation; and if it is a movable, the possessor may recapture from the assailant, on the spot or in pursuit, the article in question. Article 210 (Quasi-Possession) The provisions of this Chapter shall apply mutatis mutandis to cases where a person exercises a property right de facto. ”

“ When the owner of land constructs structures for the purpose of reservoiring, draining or drawing water, and if, by the disruption or obstruction of the works, damage has been done, or there is a possibility of damage to the other’s land, the other person may request the owner of the land to effect repair, to drain off the water, or to take preventive measures. ”

“ If the assignee has bought the stolen or lost Article in good faith at a sale by auction, in a public market, or from a merchant selling articles of the same kind, the injured party or loser may demand the recovery of the article after he reimburses the assignee for the price paid for it. Article 252 (Vesting of Articles without Owners) (1) A person who possesses, with the intention of owning, a movable without an owner, obtains its ownership. (2) Immovables without owners shall be vested in the National Treasury. (3) Wild animals shall be considered as without an owner. ”

“ The ownership of a treasure-trove is acquired by the discoverer if its owner does not claim his right within one year after public notice has been given in accordance with provisions of the Act. But the ownership of a treasure-trove discovered on the property or among other things belonging to another person is acquired by the discoverer and the owner of the land or the thing in equal shares. ”

“ If two or more movables belonging to different owners are so united together that they can no longer be separated without severe damage, or cannot be separated without excessive expense, the ownership of the composite thing belongs to the owner of the principal movable. ”

“ The limited successor of the owner of a watercourse, or other structures utilized for the operation of agriculture and industry, or the limited successor of the person profiting from the watercourse or the structures, shall succeed to the rights and duties of the former owner or the person profiting. ”

“ If a person who has pledged his own property to secure a debt of another, discharges the debt or loses the ownership of the pledged article in consequence of the enforcement of the pledge, he is entitled to be indemnified by the debtor in accordance with the provisions relating to surety obligations. ”

“ When a person who has created chonsegwon, for a building has not notified the person, having chonsegwon of his refusal to renew the contract, or of the intention to the effect that he will not renew if the conditions thereof are not changed, within one to six months before the expiration of the duration of chonsegwon, it shall be considered that a new contract of chonsegwon is made under the same conditions as the previous one, at the expiration of the duration. ”

“ If a person exercises de facto control over an Article based on instructions received from another person, through relationship of household affairs, business and other similar relations, only the latter person shall be the possessor. ”

“ A third person who has obtained the ownership of a superficies or chonsegwon on the mortgaged immovable may make a claim for the extinction of the mortgage by payment of the debt to the mortgagee. Article 365 (Claim for Auction of Building on Mortgaged Land) Where the mortgagor has constructed a building on the land after a mortgage was created over the land, the mortgagee may sell such building by auction together with the land: Provided, That he has no right to obtain payment out of the auction proceeds of the building in preference to all others. ”

“ In digging a well or other underground facilities to store water, sewage or filth, etc., a distance of not less than two meters must be left from the boundary line. In digging a pond, ditch, or cellar, a distance of not less than one half of their depth must be left from the boundary line. ”

“ A pledgee of movables is entitled to hold possession of the movables which he has received from the debtor or a third person as security for his claim, and to obtain satisfaction of his claim out of the movables in preference to other creditors. ”

“ Any person having chonsegwon is entitled to use it in conformity with its purposes and to take the profits from it, by paying the deposit money and possessing the real property owned by another person. ”

“ Article 235 (Right to Use Water for Common Use) Adjoining neighbors have the right to use the wellspring or water supply for common use in proportion to their demands as long as they do not disturb the other’s use of water. ”

“ Any of the adjoining neighbors may, at their own expense, construct a better fence using better materials, make it higher than ordinary fences, or may construct a fireproof wall, or other special facilities. ”