Goto Main Content
:::

Chapter Law Content

PART I GENERAL PRINCIPLES
CHAPTER III VALUE OF CLAIM & LITIGATION EXPENSES
Section 1 Determination of the Value of Claim
Article 77-1
The court shall determine the value of a claim.
The claim's value will be determined based on its transaction value at the time when the action is initiated or, in the absence of such transaction value, the interests in the claim as owned by the plaintiff.
For purposes of determining the value of a claim, the court may investigate evidence on its own initiative.
An interlocutory appeal may be taken from a ruling on the value of the claim made in accordance with the provision of the first paragraph.
Article 77-2
Where multiple claims are asserted in an action, the claims?value will be the total value of all claims combined. Notwithstanding, the claim's value shall be determined based on the value of the claim with the highest value when such multiple claims are of the same economic purpose or are asserted alternatively.
The values of all incidental claims for interests, damages, default penalty or expenses shall be excluded for purposes of calculating the claim's value.
Article 77-3
The value of the counter-prestation which plaintiff should perform shall not be deducted from the claim's value.
Where plaintiff has demanded the court to adjudicate jointly the value of the counter-prestation, the claim's value shall be determined based on the value of such prestation of the highest value of all claims.
Article 77-4
In matters arising from superficies or yong-dian1, a claim's value shall be fifteen times the total amount of rent for a period of one year, or, in the absence of such amount of rent, fifteen times the attainable rent-equivalent interests for a period of one year. Notwithstanding, where the total amount of rent or the attainable interests for a period of one year exceeds the land value, the land value will govern for purposes of determining the claim's value.
Article 77-5
In matters arising from servitude, a claim's value shall consist of the increment in the value of the dominant land when the servitude holder is the plaintiff, or the reduction in the value of the servient land when the owner of the dominant land is the plaintiff.
Article 77-6
In matters arising from security for creditor's rights, a claim's value shall be the value of the secured creditor's right or, when the value of the security is smaller than the value of the creditor's right, the value of such security.
Article 77-7
In matters arising from rights in the redemption of a dian property2, the claim's value shall be the value of such property or, where only the price of the dian is in dispute, such interests as asserted by plaintiff.
Article 77-8
In matters arising from irrigation, the claim's value shall be the attainable increment in the proceeds from utilization of such irrigation for a period of one year.
Article 77-9
In matters arising from a right in a lease or in cases of fixed term leases, the claim's value shall be the total amount of rent for the entire duration of the existence of such right. Where the total amount of rent exceeds the value of the leased property, the latter will govern for purposes of determining the claim's value. In cases of non-fixed-term leases, the claim's value shall be the total amount of rent for a period of two months with regard to personal property, and the total amount of rent for two payment periods with regard to real property.
Article 77-10
In matters arising from periodical performance or periodical proceeds, a claim's value shall be the total amount of income for the entire duration of the existence of the right to such performance or proceeds. Where the duration is not fixed, the term shall be determined by presumption. Notwithstanding, where the duration exceeds ten years, a duration of only ten years shall be applied.
Article 77-11
In matters arising from partition of a thing held in indivision, a claim's value shall be the interests receivable by plaintiff as a result of the partition in dispute.
Article 77-12
When a claim's value cannot be determined, the value shall be deemed as the minimum amount under which an appeal may be taken to the court of third instance as provided in Article 466, plus one tenth of such minimum amount.