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Court Awards Custody of Dog to Original Owner, Not Caregiver

by Lisa
What Should I Feed My Pocket Bully?

In a legal battle that spanned over a year, South Korea’s Supreme Court ruled in favor of the woman who originally purchased a golden retriever, rejecting the claims of another woman who had cared for the dog for several years.

The civil case revolved around the legal concept of corporeal movable property—a category that includes physical assets other than real estate. The case was brought by a woman who sought to retain custody of the dog, despite its legal owner being her son’s ex-girlfriend. She argued that she had been the dog’s primary caretaker since at least 2020, which should grant her ownership rights.

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However, the Supreme Court upheld a previous ruling from May that sided with the legal owner. The court concluded that there was no clear indication that the owner had relinquished her rights to the dog.

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The custody dispute began in 2017 when the defendant adopted the golden retriever. At that time, she was in a relationship with the plaintiff’s son and often asked the plaintiff to help care for the dog. On one occasion, the plaintiff took care of the dog for 20 consecutive days.

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In 2020, the defendant moved into a home that prohibited pets and left the retriever with the plaintiff. After the defendant’s relationship with the plaintiff’s son ended in early 2023, the defendant retrieved the dog from the plaintiff’s home without prior notice, which triggered the legal battle.

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Initially, an administrative court sided with the plaintiff, arguing that a pet’s emotional bond with its caretaker should not be severed abruptly. This decision was later reversed by an appellate court and ultimately upheld by the Supreme Court, solidifying the original owner’s claim.

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