When general consumers conduct real estate transactions
There are various laws that come into play.

・Real Estate Business Law
・Land and House Lease Law
・Real Estate Registration Act
・Consumer Contract Law

Even if it is just listed in the materials of the Ministry of Land, Infrastructure, Transport and Tourism,
There are over 15 types.

Among them, the most relevant law is "civil law"is.
This time, we will introduce surprising civil law precedents related to real estate.
We will introduce the revised law materials from the Ministry of Justice.

The content will also be useful for the real estate exam, which is coming up in October.
Please read to the end.

Interesting civil law precedents regarding real estate

Real estate transactions are closely related to our daily lives.
Also, since the transactions tend to be high-value, they can easily develop into problems.
As a result, there are many legal precedents.
There are many cases that have led to interesting conclusions, so
This time, we will introduce a part of it.

Request for eviction of home after marriage breakdown

The couple's relationship deteriorated and they eventually separated.
It's difficult to go back to normal life after this
This often leads to divorce talk.

In times like these, one spouse continues to live in a home that is not theirs,
There are cases where the owner moves out.
In a case like this,Why are you sitting in my house?"
You can imagine the argument that comes up.

In a ruling dated February 28, 2013, the Tokyo District Court stated:
"Her husband had an affair with another woman and had a child with her,
He left to live with his affair partner and child"
The case was argued.

husband to wife
"How long have you been living in your house?"
I requested that the building be surrendered.
The court ruled that spouses have a duty to live together, cooperate, and support each other (Article 752 of the Civil Code)
Based on the establishment of an implied loan contract (Article 597 of the Civil Code),
The husband's request for eviction is an abuse of rights (Civil Code, Article 1, Paragraph 3)
is not allowed asIt was made.

On the other hand, in the Tokyo District Court ruling of February 9, 2012,
The wife and mother, who co-own the house, can no longer bear the violence of her husband and live separately.
In a case where a husband was asked to evict his wife from his home,
The court reached the exact opposite conclusion, and granted the wife and her mother's request for eviction..

According to the proviso to Article 597, Paragraph 2 of the Civil Code, when the period sufficient for usage revenue has passed,
It is possible to immediately request the return of the object.
In this case, the relationship of use and loan was caused by the husband's abusive language and violence.
The trust relationship has already broken down and the period sufficient for usage revenue has ended.
This clause was applied by analogy and the court granted the wife and mother's request for eviction.

In similar cases, after considering the actions of the parties involved,
It would be a completely different precedent.It's interesting.

Benefits of real estate after inheritance

Under the Civil Code, "fruit" refers to the income generated from something.
Fruits produced from farms are literally "fruits," but
Milk produced by cows kept on a farm,
In terms of real estate, the rent for land and buildings is the "fruit"..

The problem was thatAfter inheritance occurs and before inheritance division negotiations are completed
Who owns the rent generated from income-generating real estate?That's the point.
According to Article 909 of the Civil Code, "the effect of the division of an estate is retroactive to the time of inheritance."
The owner determined in the inheritance division consultation will also receive the rent from the time of inheritance.
The idea of receiving seems natural.

However, in the Supreme Court judgment of September 8, 2005,
Real estate and real estate rent are separate rights;
In principle, each heir will inherit according to their statutory share.

However, according to this judgment,For heirs who cannot acquire real estate through inheritance division,
The longer you wait to divide the estate, the more rent you will receive.,
That's what it means.

Therefore, in practice, in the inheritance division agreement,
Regarding rental claims after the start of inheritance
Attributes real estate to the heir who acquired it,
It has become common to include the phrase:

Next time tooAbout the Real Estate Civil CodeI will explain.