Preface to the Fourth Edition iii
Preface to the Third Edition iv
Preface to the Second Edition vi
Preface to the Correction Edition ix
Preface to the first edition x
Note xii
Foundations of Learning xiii



Part 1 General Provisions

Chapter 1 General Introduction
Section 1 Introduction 5
Ⅰ.
Meaning of Civil Law 5
Ⅱ.
Source of Civil Law 6
Section 2 Subjects of Civil Law Regulation: Rights Relationships 8
Ⅰ.
Rights Relationships and the Meaning of Rights 8
1.
Concept 8
2.
Distinction between rights and similar concepts 8
Ⅱ.
Type 9 of Rights
1.
Classification by content: Property rights? Personal rights? Family rights? Employee rights 9
(1) Property rights/9 (2) Personal rights/10
(3) Family Rights/11 (4) Employee Rights/11
2.
Classification by Function: Dominion? Claim? Formation? Defense 11
Ⅲ.
Method of Realizing Rights Relationships 12
1.
General Principles and Their Amendments/Supplements 12
2.
Principle 13 of Good Faith
(1) Meaning/13 (2) Derivative Principle/13
3.
Principle 14 of Prohibition of Abuse of Rights
Ⅳ.
Conflict of Rights 15
1.
Conflicts between Creditors and Creditors: Principle 15 of Equality of Creditors
2.
The Conflict Between Claims and Property Rights: The Predominance of Property Rights 16
3.
The Conflict Between Property Rights: Priority Based on Temporal Sequence 17
V.
Overlapping Rights 17
1.
Conflict of Rights 17
2.
Legal Competition 17
Section 3 Basic Principles of Civil Law 18
Ⅰ.
Principle 18 of Private Autonomy as a Basic Ideology
Ⅱ.
Contents of the Principle of Private Autonomy 18
1.
Individual Principle 18
(1) Principle of freedom of legal action/18 (2) Principle of absolute private property rights/19
(3) Principle of liability for negligence/19
2.
The Modern Status of the Individual Principle 20
Section 4 Changes in Rights 20

Chapter 2 Legal Acts
Section 1 Introduction 25
Ⅰ.
Concept 25
Ⅱ.
Type 25
1.
Sole Act/Contract 25
2.
Acts of Appearance/Non-Appearance 27
3.
Paid/gratuitous acts 28
4.
Manned/Unmanned Act 28
Ⅲ.
General Requirements for Legal Acts 28
1.
Establishment Requirement 28
2.
Validity requirement 29
Section 2 Capacity to Act and Persons with Limited Capacity 31
Ⅰ.
The concept of capacity to act 31
Ⅱ.
Type 32 of Persons with Limited Abilities
1.
Minor 32
2.
Guardian 33
3.
Limited Guardian 35
4.
Related system 36
Ⅲ.
Protection of the Opponent of a Person with Limited Capacity 37
1.
Meaning 37
2.
Rights granted to the other party 37
(1) Negative Rights: Right to Demand a Confirmation/37 (2) Positive Rights: Right to Withdrawal/Right to Reject/38
3.
Loss of right of cancellation by the party with limited capacity 39
Section 3 Defects in the Expression of Intention 39
Ⅰ.
Discrepancies between doctors and doctors 40
1.
Sign of non-truth 40
2.
False labeling of public offerings 41
3.
Error 42
Ⅱ.
Defective Declaration of Intent: Fraud? Declaration of Intent by Coercion 44
Section 4 Interpretation of Legal Acts 45
Ⅰ.
Natural interpretation 46
1.
46. ​​If the true intention of the person who made the statement is detected
2.
48 If the true intention of the person who declared the crime is not detected
Ⅱ.
Normative interpretation 48
Ⅲ.
Supplementary Interpretation 49
Section 5, Substitute 50
Ⅰ.
The First Side of the Agency Relationship: Power of Attorney (Principal-Agent Relationship) 50
1.
Creation of power of attorney 50
2.
Scope of Power of Attorney 51
3.
Limitations on Power of Attorney 51
4.
Abuse of Power of Attorney 52
5.
Termination of Power of Attorney 52
Ⅱ.
The Second Side of Agency: Agency (Relationship Between Agent and Counterparty) 53
1.
The Way of Agency: Wisdomism 53
2.
Flaws of Agency 54
3.
Agent's Abilities 55
Ⅲ.
The Third Side of Agency Relationships: Legal Effects (Principal-Party Relationship) 55
Ⅳ.
Unauthorized Agents' Agency: Unauthorized Agency? 56
1.
Concept 56
2.
General Norm on Unauthorized Agency 57
(1) When an unauthorized agency act is a contract/57
(2) When the unauthorized agency act is a unilateral act/59
3.
Expression Agent 60
Section 6 Invalidity and Cancellation 61
Ⅰ.
Invalid 62
1.
Concept 62
2.
Type 62
3.
The doctrine of partial nullity 63
4.
Conversion of Invalid Act 64
5.
Ratification of nullity 65
Ⅱ.
Cancel 66
1.
Concept 66
2.
Cancellation right holder 66
3.
Methods and Effects of Cancellation 67
4.
Expiration of the Right of Cancellation 68
Section 7. Supplementary provisions of legal acts 69
Ⅰ.
Meaning 69
Ⅱ.
Condition 69
1.
Concept 69
2.
Type 70
3.
Legal Acts That Cannot Be Conditioned 71
4.
Condition fulfilled? Non-fulfilled 71
Ⅲ.
Period 72
1.
Concept 72
2.
Type 72
3.
Effect of Limited Legal Acts 73
4.
Benefit of the term 73

Chapter 3 Subjects of Rights
Section 1 Introduction 77
Section 2: Nature 77
Ⅰ.
Duration of legal capacity 77
Ⅱ.
Fetal capacity for rights 78
Ⅲ.
Place of residence: Address, residence, temporary address 80
Ⅳ.
Absence and disappearance 80
1.
Concept 80
2.
Absentee Property Management 81
3.
Missing Person Declared 82
(1) Concept/82 (2) Requirements/82
(3) Effect: Presumption of death/83 (4) Cancellation of declaration of disappearance/83
Section 3 Legal Person 85
Ⅰ.
Concept 85
Ⅱ.
Types of Corporations 86
1.
Incorporated Association/Foundation 86
2.
For-profit/Non-profit Corporation 86
Ⅲ.
Establishment of a Corporation 87
1.
Non-profit organization 87
2.
Foundation 88
Ⅳ.
90 Corporate Institutions
1.
Executive Body: Director 90
2.
Supervisory Authority: Audit 92
3.
Decision-making body: General Assembly of Members 92
V.
Corporation's Capabilities and Activities 93
1.
The purpose and scope of legal capacity of a corporation 93
2.
Corporate Tort Liability 94
Ⅵ.
Address of the corporation 95
Ⅶ.
Dissolution of a Corporation 95
Ⅷ.
Registration of Corporations 97
Ⅸ.
Supervision and Penalties of Corporations 97

Chapter 4 Objects of Rights
Section 1 Introduction 101
Section 2 Real and Personal Property 102
Ⅰ.
The Practical Benefits of Concepts and Distinctions 102
Ⅱ.
Real Estate 103
1.
Land 103
2.
Land Settlement 103
Ⅲ.
Dongsan 105
Section 3: The Main and the Accessory: Accessory Theory 106
Ⅰ.
Concept 106
Ⅱ.
Requirements for application of the theory of end-products 106
Ⅲ.
The Effects of the End-of-the-End Theory 107
Section 4: Raw Materials and Fruits 108
Ⅰ.
The Concept of Original and Fruit 108
Ⅱ.
Types of Fruit 108
Ⅲ.
Attribution of Fault 109

Chapter 5 Period
Ⅰ.
Meaning 113
Ⅱ.
Calculating the Period 113
1.
Dualism 113
2.
If the period is set to hours, minutes, and seconds, 113
3.
If the period is set to days, weeks, months, or years, 113
Ⅲ.
Backward Calculation of Period 115

Chapter 6 Statute of Limitations
Section 1 Introduction 119
Ⅰ.
Concept and Reason for Existence 119
Ⅱ.
Distinction from similar systems 120
Section 2 Requirements for the Extinction of the Prescription Period 121
Ⅰ.
Statute of Limitations Eligibility 121
Ⅱ.
Non-exercise of rights 122
Ⅲ.
Expiration of the statute of limitations 123
Section 3: Obstacles to the Extinction of Prescription: Interruption and Suspension 124
Ⅰ.
Suspension of the Statute of Limitations 124
1.
Meaning 124
2.
Civil Code Regulatory Structure 124
3.
Effects of Suspension of the Statute of Limitations 125
Ⅱ.
Suspension of the Statute of Limitations 127
1.
Meaning 127
2.
Reason for suspension 127
Section 4 Effect of Completion of Prescription 128



Part 2 Bonds

Chapter 1 General Introduction
Chapter 2 General Provisions of Bonds
Section 1 Effect of Bonds 139
Ⅰ.
Meaning of Default 139
1.
Basic Concepts 139
2.
Type 140 of Default
(1) Delay and impossibility of performance/140 (2) Incomplete performance/141
Ⅱ.
Sanctions for Default 142
1.
Enforcement 143
(1) Concept/143 (2) Type/143
(3) Order of Enforcement /144 (4) Relationship between Enforcement and Compensation for Damages /144
2.
Liability Sanctions: Damages 144
(1) Purpose/144 (2) Requirements/145 (3) Effect: Compensation for damages/148
3.
Target claim 152
4.
Breach of Contract: Termination? Cancellation 153
(1) Meaning/153 (2) Release/154 (3) Release/159
Ⅲ.
Creditor Delay 160
Ⅳ.
Infringement of claims by third parties 161
V.
Preservation of Liability Property 163
1.
Subrogation of Creditors 163
(1) Concept/163 (2) Requirements/163 (3) Effect/165
2.
Creditor's Right of Cancellation 166
(1) Concept/166 (2) Requirements/166 (3) Events/167
(4) Effect/167
Section 2 Purpose of Bonds 168
Ⅰ.
Specific Bonds 169
Ⅱ.
Type 170 bonds
Ⅲ.
Monetary claims 172
Ⅳ.
Interest-bearing bonds 173
V.
Optional Bond 175
Section 3 Extinction of Debt 177
Ⅰ.
177 Reasons for Extinction That Satisfy Creditors
1.
Article 177
(1) The purpose of /177 (2) The party to payment /178 (3) The object of payment /179
(4) Provision of payment/180 (5) Assignment of payment/181
(6) Subrogation by the payer: Subrogation by payment/182
2.
Compensation in kind 183
3.
Deposit 184
4.
Settlement 184
Ⅱ.
Reasons for termination unrelated to the satisfaction of the creditor 186
1.
Gyeong Gae 186
2.
Exemption No. 187
3.
Confusion 187
Section 4 Transfer of Claims and Debts 187
Ⅰ.
Assignment of Bonds 188
1.
Assignment of Designated Bonds 188
(1) Transferability of a named claim/188 (2) Requirements for opposing the assignment of a named claim/188
2.
Transfer of Securities 191
Ⅱ.
Debt Assumption 191
1.
Concept 191
2.
Parties to the Debt Assumption 192
3.
A system similar to debt assumption 192
Section 5. Creditor Relationships of Multiple Parties 193
Ⅰ.
Split bonds? Debt 194
Ⅱ.
Indivisible Claims? Debt 195
1.
Concept 195
2.
Indivisible Debt 195
3.
Indivisible Debt 196
Ⅲ.
Joint and several debts 197
1.
Concept 197
2.
External Effects 198
(1) Performance of joint and several obligations/198 (2) Effect of a cause arising to one of the joint and several debtors/198
3.
Internal Effects: Conceptual Relationship 199
(1) Requirements for conception / 199 (2) Limitations on conception rights / 200
(3) Sharing of Inability to Repay and Risk of Insolvency/201 (4) Exemption from Joint and Several Liabilities and Right of Subrogation/201
Ⅳ.
Guaranteed Debt 202
1.
Concept 202
2.
Established 202
3.
External Effects 203
(1) Legal relationship between guarantor and creditor/203
(2) Effect of cause arising to the principal debtor or guarantor/204
4.
Internal Effects: Conceptual Relationship 204
5.
Special Form of Guarantee 205

Chapter 3 Contract
Section 1 General Provisions of Contracts 209
Ⅰ.
The Meaning of Contract 209
Ⅱ.
Classification of Contracts 209
Ⅲ.
Establishment of a Contract 212
1.
The Formation of a Contract 212
(1) Principle of Contract Formation/212 (2) Special Form of Contract Formation/215
2.
Negligence in Concluding a Contract 216
Ⅳ.
General Effect of Bilateral Contracts 217
1.
Concurrency in Performance: Concurrent Performance Relationship 218
(1) Right to object to simultaneous performance/218 (2) Other manifestations of performance-relatedness/218
(3) Requirements for exercising the right to object to simultaneous performance /219
2.
Durability of the Continuum: Risk of Compensation 219
V.
Contracts for Third Parties 221
Section 2: Contractual Theory 222
Ⅰ.
Gift 222
Ⅱ.
Every 224
1.
Concept 224
2.
Legal Issues Concerning Establishment 224
3.
Effectiveness 226
(1) Effect on the seller / 226 (2) Effect on the buyer / 234
4.
Refund 234
Ⅲ.
Exchange 236
Ⅳ.
Consumer Loan 236
1.
Concept 236
2.
Duty of the Lord 237
3.
Borrower's Obligations: Duty to Return the Object 237
4.
The Effectiveness and Cancellation of Consumer Loans 238
V.
Loan for use 239
1.
Concept 239
2.
Duty of the Lord 239
3.
Driver's Rights and Obligations 239
Ⅵ.
Lease 240
1.
Concept 240
2.
Duration 241
3.
Rights and Obligations of the Parties 243
4.
Assignment and sublease of leasehold rights 248
5.
Lease under special law 250
(1) Housing Lease Protection Act/250 (2) Commercial Building Lease Protection Act/251
Ⅶ.
Employment 252
Ⅷ.
Grade 254
1.
Concept 254
2.
Effectiveness 255
(1) Effect on recipient/255 (2) Effect on contractor/258
3.
End 258
Ⅸ.
Travel Contract 259
Ⅹ.
Phenomenon Advertisement 260
?.
Delegation 261
?.
Lim Chi 263
ⅩⅢ.
Combination 265
1.
Concept 265
2.
Union Business Execution 266
(1) Internal business execution/266 (2) External business execution/267
3.
The property relations of the union 267
(1) Form of ownership of partnership property: joint ownership/267 (2) Enrichment of partnership property/268
(3) Liability for joint debts/268 (4) Distribution of profits and losses/269
4.
Union member withdrawal 269
5.
End of the Union: Dissolution? Liquidation 270
ⅩⅣ.
Life annuity 271
ⅩⅤ.
Reconciliation 271

Chapter 4 Statutory Claims
Section 1 Introduction 275
Section 2 Office Management 275
Ⅰ.
275 of the of
Ⅱ.
Establishment requirements 275
Ⅲ.
Effect 276
1.
Manager's Duties 276
2.
My Obligations 277
Section 3 Unjust Enrichment 278
Ⅰ.
278 of the of
Ⅱ.
Establishment requirements 279
1.
Profit 279
2.
Loss 280
3.
Causality between Profit and Loss 280
4.
Absence of legal cause 281
Ⅲ.
Effect 282
1.
Method of Return 282
2.
Scope of Return 283
Ⅳ.
Special Provisions on Unjust Enrichment 283
1.
Non-debt payment 284
2.
Illegal Cause Payment 285
Section 4 Unlawful Acts 285
Ⅰ.
Total 285
Ⅱ.
Establishment requirements 287
1.
Damage 287
2.
Illegal Act 287
3.
Reason for Attribution 288
Ⅲ.
Effect: Damages 290
1.
Claimants, Scope, and Methods of Compensation 290
2.
Calculation of damages 291
3.
Statute of limitations for claims for damages 294
4.
Adjustment of compensation amount 295
Ⅳ.
Special Torts 295
1.
Responsibilities of Supervisors of Incompetent Persons 295
2.
User Responsibilities 296
3.
Occupant of Works, etc.? Owner's Responsibilities 298
4.
Responsibility for Animals 299
5.
Joint Tort 299



Part 3 Water Rights

Chapter 1 General Introduction
Section 1: Meaning of Property Rights 305
Ⅰ.
The Concept of Property Rights 305
Ⅱ.
Object of Property Rights 305
Section 2 Types of Property Rights 307
Ⅰ.
Principle of Legality of Property Rights 307
Ⅱ.
Classification of Property Rights 308
1.
Legal Property Rights 308
2.
Real rights under customary law 310
Section 3 Effect of Property Rights 311
Ⅰ.
General Effect of Property Rights 311
1.
Preferential effect on bonds 311
2.
Mutual Preferential Effect of Property Rights 312
Ⅱ.
Property rights claims 313

Chapter 2: Theory of Change in Property Rights
Section 1 Introduction 317
Ⅰ.
Property Rights Transfer and Public Notice System 317
Ⅱ.
Property Rights Act 318
1.
Concept 318
2.
The Independence of Property Rights Acts 318
3.
The Inducedness or Inducedness of Property Rights Acts 319
Section 2 Changes in Real Estate Rights 320
Ⅰ.
Two Types of Real Estate Rights Changes 320
Ⅱ.
The Meaning of Real Estate Registration 321
1.
Concept of Real Estate Registration 321
2.
Composition of the Real Estate Registry 322
3.
Types of Real Estate Registration 323
4.
Real Estate Registration Procedure 325
Ⅲ.
Claim and Effect of Real Estate Registration 326
1.
Registration claim 326
2.
Validity requirements for real estate registration 327
(1) Formal validity requirements/327 (2) Substantive validity requirements/329
3.
Effect of registration 333
Section 3 Changes in Movable Property Rights 335
Ⅰ.
Acquisition from the right holder 335
1.
Formalism 335
2.
India 335
Ⅱ.
Acquisition from an Unauthorized Person: Good Faith Acquisition 338
1.
Concept 338
2.
This is 339
(1) Requirements regarding the object/339 (2) Requirements regarding the transferor/340
(3) Requirements for Transactions: Valid Succession/340
(4) Requirements regarding the assignee/341
3.
Effect 342
4.
Special Provisions on Stolen and Lost Articles 342
Section 4 Changes in Property Rights to Land Settlements Other than Buildings 343
Section 5: Extinction of Property Rights 344

Chapter 3 Basic Property Rights
Section 1. Possession Rights 351
Ⅰ.
The Meaning of the Possession System 351
Ⅱ.
The concept of possession 351
1.
Principle: 'De facto control' 351
2.
Exception: The Idealization of Possession 352
(1) Assistant occupant/352 (2) Indirect occupant/353
Ⅲ.
Classification of Occupancy 356
Ⅳ.
Effect of Possession 358
1.
Presumption of Legality 358
2.
The Relationship Between Occupant and Reclaimer 359
(1) The right of the possessor to negligence/359
(2) Liability for loss or damage to the object/360
(3) Occupant's claim for reimbursement of expenses/360
3.
Protection of Possession 361
(1) Requirements and types of possession protection claims/361
(2) Relationship between the claim for possession and the claim for title/362
(3) Self-help/363
V.
Jun-Occupation 364
Section 2 Ownership 365
Ⅰ.
The Meaning of Ownership 365
Ⅱ.
Scope of Real Estate Ownership 365
1.
Scope of Land Ownership 365
2.
Neighborhood Relations 366
(1) Prohibition of interference with daily life/366
(2) Neighborhood relationship regarding use of land owned by others/367
(3) Neighborhood relations regarding boundaries/368 (4) Neighborhood relations regarding water/369
Ⅲ.
Acquisition of Ownership 372
1.
Statute of limitations 373
(1) Prescription for acquisition of possession of real estate ownership/374
(2) Prescription for Acquisition of Real Estate Ownership Registration/379
(3) Prescription for acquisition of personal property ownership/380
2.
Preemption? Acquisition? Discovery 380
3.
Attachment 381
(1) Types of attachments and ownership/382 (2) Adjustment of attachments and benefits/385
Ⅳ.
Special Forms of Ownership 386
1.
Building Separate Ownership 386
2.
Joint ownership 387
(1) Concept/387 (2) Type/388 (3) Semi-joint ownership/394
V.
Nominal Trust 394
1.
Types of Trusts 394
2.
The concept of nominal trust 395
3.
?Act on Registration of Beneficial Owners of Real Estate? and Nominal Trust 396

Chapter 4 Usufruct
Section 1: Land Rights 401
Ⅰ.
Concept 401
Ⅱ.
Duration 401
Ⅲ.
Acquisition cause 402
1.
Acquisition by legal act 402
2.
Acquisition without legal act 402
(1) Acquisition by legal provisions: Statutory ground rights/403
(2) Acquisition by custom: Statutory ground rights under customary law/404
Ⅳ.
Effectiveness 405
V.
Extinction 406
Ⅵ.
Special Surface Rights 407
Section 2 Regional Areas 408
Section 3, Volume 410
Ⅰ.
Concept 410
Ⅱ.
Duration 410
Ⅲ.
Total tax 411
Ⅳ.
Effectiveness 411
V.
Recovery of the invested capital of the leaseholder 413

Chapter 5 Collateral Rights
Section 1 Introduction 417
Ⅰ.
The Concept of Collateral Rights 417
Ⅱ.
Types of Collateral Rights 417
Ⅲ.
Characteristics of Collateral Rights 418
Section 2 Right of custody 420
Ⅰ.
Concept 420
Ⅱ.
Establishment Requirements 421
Ⅲ.
Effectiveness 423
1.
Rights of the Child Supporter 423
2.
Obligations of the Child Supporter 424
Section 3: Lien 424
Ⅰ.
Concept 424
Ⅱ.
Mortgage of Personal Property 425
1.
Concept 425
2.
Established 425
3.
Effectiveness 426
4.
Pledge 429
(1) Concept /429 (2) Transfer of responsibility /430 (3) Transfer of consent /431
Ⅲ.
Lien 431
1.
Concept 431
2.
Lien 432
(1) Method of establishing a lien on a claim/432 (2) Effect of a lien on a claim/433
3.
Other Lien Rights 434
Section 4 Mortgage Rights 434
Ⅰ.
Concept 434
Ⅱ.
Characteristics of the Modern Mortgage System 435
Ⅲ.
Established 437
1.
Establishment by contract 437
(1) Mortgage Establishment Contract/437 (2) Mortgage Establishment Registration/439 (3) Secured Claim/439
2.
Establishment by legal provisions 440
Ⅳ.
Effectiveness 440
1.
Scope of Mortgage 440
2.
Preferential effect 443
(1) Mortgagee's Claim Satisfaction Method/443 (2) Priority/444
3.
Mortgage and Usufruct Relationship 446
4.
447. Right to auction a building on mortgaged land
V.
Special Mortgage 447
1.
Joint Mortgage 447
2.
449 mortgages
3.
Mortgage under Special Law 449
Section 5 Atypical Collateral 450
Ⅰ.
Meaning 450
Ⅱ.
Registered Mortgage 452
1.
Concept 452
2.
Effect of registered mortgage 453
3.
Enforcement of a registered mortgage 453
Ⅲ.
Assignment Collateral 454
1.
Meaning 454
2.
Theory Composition 455
3.
Effect of Assignment of Security Interest 457
4.
Enforcement of Assignment of Collateral 457
Ⅳ.
Sale with Reservation of Ownership 458



Search 459

Preface to the Fourth Edition

“Providing an easy and accurate guide to the principles and context of civil law” – the keynote of the 4th edition remains unchanged from previous editions.
In addition to the usual revisions, such as correcting typos and updating statutes and precedents, the 4th edition also provides supplementary explanations for concepts and provisions essential for establishing a solid foundation in civil law but that may be difficult for beginners to understand.

In the Generative AI Era, where data and algorithms become the core driving forces of knowledge, decision-making, and creation, and humans and machines collaborate and compete, AI is redefining the very purpose of lawyers.
Lawyers who lack awareness of the times will inevitably be dependent on systems created by others, while those who are aware of the times will utilize AI as a catalyst for realizing the values ​​of law and society.
This is why we need to consider a major shift in the direction and content of legal education and in the assessment of legal standards.
I hope this book will serve as a useful starting point for future lawyers.

The sky is just the sky, and there is no path to the sky when viewed from the ground.
There is no road on the sea, only dark blue water rippling all the way to the horizon.
But in the sky and sea, there are separate paths for airplanes and ships.
The society we live in also has written and unwritten laws.
Law is the proper way to exist in society, and lawyers must pursue what is proper.
This is no different in the AI ​​era.

I would like to express my deepest gratitude to everyone at Park Young-sa for their hard work in publishing this book.


We wish our readers successful learning.

August 2025
Myung-sun Gu Dream