All
| TITLE | Supreme Court Decision 2023Da215590 Decided October 26, 2023 【Delivery of Corporeal Movables】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Whether the law applicable to legal relations between the parties which occurred at the time of the enforcement of the former Conflict of Laws Act should be determined in accordance with the former Conflict of laws Act (affirmative) [2] The law applicable in determining whether the possessor of a movable acquired ownership due to the completion of acquisitive prescription of possession of the movable (held: the law of the country where the movable, which is the subject matter, is located at the time of the expiration of the period of acquisitive prescription) and whether the subject matter may be viewed differently on the grounds that it has historic, artistic, and academic value (negative in principle) [3] Where the details of the foreign law designated as the applicable law are not considerably different from those of the law of the Republic of Korea, which has jurisdiction, and thus the results caused by applying the foreign law are not so different from those caused by applying the law of the Republic of Korea, whether the application of the foreign law may be excluded easily (negative in principle) | |
