I Became a Law School Genius – 67



I Became a Genius Law School Student Episode 67

Article 249 of the Civil Code (Acquisition in Good Faith) If a person who has acquired a movable property in good faith and without negligence possesses the movable property in good faith he/she immediately acquires ownership of the movable property even when the transferor is not the rightful owner.

Suppose I go to the store and buy a frying pan.

However it turned out that the store owner had sold me not his own frying pan but a product that someone from the store next door had temporarily entrusted to me.

The store next door is going crazy and jumping around.

Why do I freely sell things that do not belong to me?

It would be better if it was a frying pan for sale in the first place.

Since it was an item that was going to be sold anyway you can just collect the price of the frying pan from the store owner thinking that you saved yourself the trouble.

But what if it was actually an item you had no intention of selling?

What if it is a limited edition discontinued frying pan of which there are only 100 units in the world?

Or what if it is a precious item that should never be lost because it is a one-of-a-kind keepsake left behind by the deceased mother of the person in the store next door?

In this case it may be an issue as to who should own the frying pan.

Is it the customer who legitimately paid for the product or the person at the store next door who was the true owner of the frying pan from the beginning?

It may be unfortunate for the person at the store next door but the current civil law favors the customer.

“Well if the original owner sides with it consumers will have to check each time they buy an item asking ‘Does this really belong to you?’”

It is very troublesome and troublesome.

It’s not even realistically possible.

For real estate such as buildings or land the true owner can be easily traced through registration. However in the case of other general objects such as movables there is no way for the customer to find out who the real owner is.

In such a situation if you take the product from the customer and return it to the owner saying ‘You should have researched it carefully before buying it’ it will cause enormous distrust and confusion.

In the end good faith acquisition is a system created to respect consumer trust.

– Does that make sense?

“I am saying that the current law is like that. As for movables that is things…

– Yeah that one! thing!

Yoon Su-ah screamed loudly.

– Are you saying that our Somyi is now an object?

“Legally yes. Article 98 of the Civil Code defines objects as ‘corporeal objects electricity and other controllable natural forces’ and precedents show that animals are also included here.”

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In the first place animals that are living beings and feel their own emotions can become someone’s ‘ownership’ and can be the subject of trade because legally they are treated as objects.

In the end since Somi is an object and an object the adopter who adopts her without knowing the inside story with Mr. A acquires ownership of Somi in good faith.

– That’s ridiculous.

Yoon Su-ah was indignant.

– Where is that law? So does that mean that even if someone steals my stuff and sells it I can never get it back?

“Oh that’s not it.”

I elaborated.

“There is another special exception for stolen and lost items.”

Article 250 (Special Provisions for Stolen or Lost Articles) In the case of the preceding article if the movable property is stolen or lost the victim or the person who lost the property may request the return of the article within two years from the date of theft or loss. However this does not apply when the stolen or lost item is money.

The reason for recognizing good faith acquisition is that when comparing the value of consumer trust and the rightful owner’s rights the legislator judged that the former should be more protected.

The basis of this is a criticism that the original owner is also somewhat responsible for this situation saying ‘You should have taken good care of it.’

However if something is stolen or lost through no fault of your own there is nothing to blame or complain about.

It also makes no sense to ignore the owner who lost the item unwantedly.

Therefore an exception clause is included that allows the item to be returned if it has been stolen.

– That’s right then that’s it!

Yun Su-ah shouted urgently.

– If someone who has been in charge of the item for a short time sells it on their own how is that any different from theft? Can’t I get this back?

‘It’s not a bad idea.’

In fact if the custodian of the goods disposes of the goods at will the crime of embezzlement which is the same property crime can be established even if it is not a crime of theft.

In addition all items acquired through property crimes are treated as stolen property under criminal law.

The argument that since it was stolen property it was stolen and that special rules for return should apply was quite logical.

“No.”

But I denied this.

“As an accessory to possession… that is if the person in charge of the item disposes of it it is not considered stolen goods under civil law.”

It is an extension of the criticism that says ‘You should have taken good care of it.’ The logic behind this is that you should have chosen the right person to trust and entrust to.

The owner had a ‘fault’ in not choosing the right person to entrust it to but the customer didn’t really do anything wrong because he just paid money and bought it without knowing anything.

As a result of comparative judgment the law finds in the customer’s favor.

-What the hell…

Yun Su-ah gritted her teeth.

– That’s the only way you can answer? Is that really the best?

‘huh. It’s the best.’

In fact if he wanted to get Somi back by any means possible there were no ways he could try.

In order for acquisition in good faith to be established the customer must have purchased the product without ‘knowing’ anything.

Of course Seo Hwi-seong confirmed that he bought Somyi without knowing that it was not Mr. A’s cat but the fight in court is ultimately a fight between claims and evidence.

All you have to do is somehow coax Mr. A into testifying in favor of this side.

You can argue that the transaction itself is invalid or cancelled.

In particular in this case Mr. A made an emotional decision to sell the cat while drunk.

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At this time Mr. A was drunk and out of his mind and did not have the mental capacity to conduct a valid transaction so it is possible to claim that the transaction was invalid.

‘In either case Mr. A’s cooperation is required.’

Humans are animals that are easily habituated to inertia.

This is Ms. A who has lived as Yoon Su-ah’s maid for a long time.

It’s not impossible to get things back to normal with a little bit of coaxing and coaxing.

8 years is a long time.

In the meantime Mr. A’s weak soul has already become distorted and distorted in accordance with the wrong dynamics.

Shaking it up a bit and taking control would not be that difficult for Yoon Su-ah who has been exercising dominance for some time.

But… it’s not a very beautiful ending.

The problem between Mr. A and Yoon Su-ah is not resolved at all.

As before Yoon Su-ah would use Mr. A and Mr. A would not be able to resist Yoon Su-ah and would be swayed again.

Somi will also lose her proper guardian and end up back in Yoon Soo-ah’s horrible raising environment.

Nothing changes.

No one takes responsibility.

A good lawyer considers efficient work as a virtue.

For such a person it may be the optimal solution to resolve the conflict without unnecessary procedures.

But my goal is not to be a great lawyer.

Someone who makes the world a little better. To that end I have dreamed of becoming a prosecutor.

If all I wanted to do was make a plan as the client ordered I wouldn’t have studied the law.

“Mr. Yoon Su-ah.”

– What is it?

Yoon Su-ah’s voice trembled slightly at my low tone.

“What does Yoon Su-ah really want?”

– …yes?

“You don’t actually love Som that much do you?”

A cat that was not properly cared for.

An animal lover might have loudly criticized this as abuse.

“Don’t you need a cat because you want to protect your profits and fame because you are afraid that you will have to give up the YouTube channel you worked so hard to build?”

– What do you want to say?

“if.”

I had to check.

“If there was a way to receive all the profits that could have been made from YouTube or even more plus Somyi’s price.”

I take a breath and ask.

“Can Som give up?”

– What…?

Maybe I judged wrong.

Although Yoon Su-ah may not be said to be a person with a good nature her love for her cat may have been sincere.

If you were just a clumsy parent who didn’t know how to raise children.

If so Yoon Su-ah would feel great humiliation from this question.

You might get very angry at a rude counselor.

In that case you can apologize politely and move forward in a different direction now.

I have also thought of a preparedness plan for such a case.

‘but.’

– …What method?

Unfortunately instead of criticizing my rudeness Suah Yoon answered my question with a question.

In fact it was almost as if he was acknowledging everything I had said.

‘Then there’s no need to decline.’

This was the important part. We had to make the most of Yoon Su-ah’s snobbish side.

I lowered my voice and whispered as if I was telling a secret that no one should know.

“File a civil suit against Cha Ye-sol.”

As cunning as a snake pointing to the tree of knowledge of good and evil.

“The subject matter is a claim for damages due to an illegal act under Article 750 of the Civil Code and a claim for return of unjust enrichment under Article 741.”

-yes?

“Disposing of a cat that does not belong to you is clearly an illegal act. The scope of damages is limited to the extent to which a causal relationship with the tort is recognized. In this case it can include damages arising from not being able to use YouTube because Somyi is gone as well as psychological damage from losing a pet.”

– Uh uh…

“It will be a significant amount. Although the problem of proof remains you can receive all of your future income at once. “The money received from disposing of the cat can be returned as unjust enrichment.”

It was a claim that seemed plausible at first glance.

In reality he didn’t lie at all.

The method and scope of calculating damages are the same as mentioned above.

In particular it was easy to find precedents requiring compensation for operating profits in cases of loss of goods that were the main means of business.

What is the main means of sales for pet YouTubers? It is the pet itself.

If Somi was lost due to Cha Ye-sol’s disposition the resulting loss would inevitably include ‘profit that could have been earned through YouTube in the future.’

– Uh oh…?

Suah Yoon also seemed quite intrigued.

But there was one thing she didn’t know.

[diagnosis]

The animal hospital medical certificate that I held in my hand and a copy of which I had already sent to Cha Ye-sol.

Needless to say this was the exact medical certificate Seo Hwi-seong received from the hospital.

This clearly states the veterinarian’s opinion that Somi’s life expectancy at the time of treatment was less than a month.

‘What income will you receive in the future? ‘It’s not even funny.’

How much operating profit can there be from a cat that won’t even live for a month?

After researching I found out that Yoon Su-ah uploads videos to her channel at most four to five times a month.

The only money you get will be from those videos and the views accumulated on existing videos.

Algorithms are cold.

If Somi had died and could no longer upload videos her channel would have been quickly forgotten.

The exposure of existing videos will gradually decrease and the inflow will dry up.

In the end no matter how you calculated it the income you could have expected in the future was in fact nothing more than pennies.

“It must be an ‘unimaginable’ amount right?”

After adding a word like that Yun Su-ah who was finally persuaded suddenly shouted.

-Ha I will. This is such a great idea!

‘That’s stupid.’

With this the problem between the two people moved on to a fight in court.

A battlefield where there is no way to retreat once you step in.

Reminds me of Cha Ye-sol’s words.

‘I said I wanted to fight properly at least once.’

It will definitely happen.

In her hands is a weapon I gave her and if she doesn’t wield it she will have to pay a huge amount of compensation.

If you prepare the stage and push your back like this but you can’t fight there’s nothing you can do.

Even if God comes such a waste cannot be saved anyway.

Of course as Cha Ye-sol said you will pay the right price.

Civil litigation is by no means an easy procedure.

It will consume a considerable amount of time and energy and it will also cost quite a bit.

In any case you will eventually have to pay the money that is due.

‘It’s just that it’s not as much money as Yoon Su-ah thinks.’

Above all the biggest advantage is that Yoon Su-ah was very satisfied with this consultation. Because she doesn’t know what will happen next.

By the time I found out well.

“It’s probably already too late.”

* * *

The next morning.

I received the client’s satisfaction rating for this consultation from Choi Seong-cheol through a group chat room.

[Incident 1 ——- 10/10]

Needless to say it was a perfect score.