Instruct: Given a legal statement, retrieve articles that support it.
Query: 
A has leased a machine tool owned by A to B, and C stole the machine tool from B within the duration of the lease agreement. In this case, B may file an action for recovery of possession against C independently of A.


Article 200 (1) If a possessor is forcibly dispossessed, the possessor may demand the restitution of the thing and compensation for loss or damage by filing an action for recovery of possession.


Article 621 If any damage is caused to the leased thing after the lessee receives it (excluding any wear of the leased thing caused by the ordinary manner of using and making profit from it and any aging degradation of the leased thing; hereinafter the same applies in this Article), the lessee has an obligation to restore the damaged thing when the lease is terminated; provided, however, that this does not apply if the damage is caused due to any grounds not attributable to the lessee.


Article 187 (1) A successor to a possessor may, as the successor chooses, assert either the successor's own possession only, or the successor's own possession together with that of the predecessor.


Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act.
Article 303
The holder of a statutory lien has the rights to have that holder's own claim satisfied prior to other obligees out of the assets of the relevant obligor in accordance with the provisions of laws including this Act.
Article 388
If the land and a building on that land belong to the same owner, a mortgage is created with respect to that land or building, and the enforcement of that mortgage causes them to belong to different owners, it is deemed that a superficies has been created with respect to that building.In this case, the rent is fixed by the court at the request of the parties..


Article 201 (1) An action for maintenance of possession must be filed during the obstruction or within one year after the obstruction stops; provided, however, that if the possessed thing has been damaged due to construction work and either one year has passed from the time when the construction was started or the construction has been completed, the action may not be filed.


Article 298
(1) The holder of a right of retention must possess the thing retained with the due care of a prudent manager.
(2) The holder of the right of retention may not use, lease or provide as a security the thing retained unless that holder obtains the consent of the obligor;provided, however, that this does not apply to uses necessary for the preservation of that thing.
(3) If the holder of a right of retention violates the provisions of the preceding two paragraphs, the obligor may demand that the right of retention be terminated..


Article 248
A person that suffers loss because of the application of the provisions of Article 242
through the preceding Article may demand compensation in accordance with the provisions of Article 703
and Article 704.
Article 245
The provisions of the preceding two Articles apply mutatis mutandis if the things of different owners are mixed together and can no longer be distinguished.
Article 243
If two or more movable properties with different owners can no longer be separated without damage due to accession, the ownership of the composite thing belongs to the owner of the principal movable property. The same applies if excessive expense is required to separate the movables.
Article 703
A person that has benefited (hereinafter in this Chapter referred to as "beneficiary") from the property or labor of another person without legal cause and has thereby caused a loss to another person bears the duty to return that benefit, to the extent the benefit exists.
Article 704
A beneficiary in bad faith must return the benefit received together with interest thereon. In such cases, if any damage still remains, the beneficiary is liable to compensate for this..


Article 196
(1) If a possessor returns a thing in the possession thereof, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses;provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.
(2) With respect to the costs paid for by a possessor to improve the thing in the possession thereof and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value;provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same..


Article 613
(1) If a lessee lawfully subleases a leased thing, the sublessee is liable to perform an obligation based on the sublease directly to the lessor, to the extent of the scope of the lessee's obligation based on the lease between the lessor and the lessee. In such a case, advance payment of rent may not be duly asserted against the lessor.
(2) The provisions of the preceding paragraph do not preclude the lessor from exercising rights against the lessee.
(3) If the lessee lawfully subleases a leased thing, the lessor may not duly assert against the sublessee the cancellation by agreement of the lease with the lessee;provided, however, that this does not apply if, at the time of the cancellation, the lessor has a right to cancel due to non-performance on the part of the lessee..


Article 717
(1) If a defect in the installation or preservation of a structure on land causes damage to another person, the possessor of that structure is liable to the person incurring damage to compensate for the damage;provided, however, that if the possessor has exercised the necessary care to prevent the damage, the owner must compensate for the damage.
(2) The provisions of the preceding paragraph apply mutatis mutandis if there is a defect in the planting or supporting of bamboo or trees.
(3) In the cases referred to in the preceding two paragraphs, if there is another person that is liable for the cause of the damage, the possessor or owner may exercise their right to reimbursement against that person..


Article 509
The obligor of either of the following obligations may not duly assert a set-off against the obligee;provided, however, that this does not apply if the obligee acquires a claim corresponding to the relevant obligation from another person:
(i) an obligation for compensation for loss or damage based on a tort committed in bad faith; or
(ii) an obligation for compensation for loss or damage for death or injury to person (excluding the one set forth in the preceding item)..


Article 192
A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence..


Article 658
(1) A bailee may not use the bailed thing without obtaining the consent of the bailor.
(2) The bailee may not have a third party keep the bailed thing in custody unless the bailee obtains the consent of the bailor or there is a compelling reason to do so.
(3) A sub-bailee has the same rights and obligations as those of the bailee in relation to the bailor within the scope of authority thereof..


Article 180
Possessory rights are acquired by possessing a thing with the intention to do so on one's own behalf..


Article 612
(1) A lessee may not assign the lease or sublease a leased thing without obtaining the approval of the lessor.
(2) If the lessee allows any third party to make use of or take the profits of a leased thing in violation of the provisions of the preceding paragraph, the lessor may cancel the contract..


Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..


Article 166
(1) A claim is extinguished by prescription in the following cases:
(i) if the obligee does not exercise the right within five years from the time when the obligee came to know that it was exercisable; or
(ii) if the obligee does not exercise the right within 10 years from the time when it became exercisable.
(2) A claim or property right other than ownership is extinguished by prescription if not exercised within 20 years from the time when the right became exercisable.
(3) The provisions of the preceding two paragraphs do not preclude the commencement of acquisitive prescription for the benefit of a third party that possesses the subject matter of a right with a time of commencement or a right subject to a condition precedent, at the time of commencing the possession;provided, however, that the holder of the right may demand acknowledgment from the possessor at any time to renew the prescription period..


Article 605-2 (1) If a lease is perfected in accordance with the laws and regulations including the preceding Article, and Articles 10 and 31 of the Act on Land and Building Leases (Act No. 90 of 1991), and the relevant immovables are assigned, the status of the lessor of the immovables is transferred to its assignee.
(2) Notwithstanding the provisions of the preceding paragraph, if the assignor and the assignee of immovables agree that the assignor reserves the status of lessor and that the assignee leases the immovables to the assignor, the status of lessor is not transferred to the assignee. In such a case, if a lease between the assignor and the assignee or any successor thereof is terminated, the status of lessor that the assignor has reserved is transferred to the assignee or any successor thereof.
(3) The status of lessor under the provisions of paragraph (1) or the second sentence of the preceding paragraph may not be duly asserted against the lessee unless the transfer of ownership for the immovables under lease is registered.
(4) If the status of lessor is transferred to the assignee or any successor thereof pursuant to the provisions of paragraph (1) or the second sentence of paragraph (2), the assignee or any successor thereof succeeds to the obligation to reimburse expenses under the provisions of Article 608 and the obligation to refund the security deposit prescribed in Article 622-2, paragraph (1) under the provisions of that paragraph.


Article 304
(1) A statutory lien may also be exercised against things including monies that the obligor is to receive as a result of the sale, lease or loss of, or damage to, the subject matter of the statutory lien;provided, however, that the holder of the statutory lien must attach the same before the payment or delivery of the monies or other thing.
(2) The provisions of the preceding paragraph also apply to the consideration for real rights created by the obligor on the subject matter of the statutory lien..


Article 663
(1) If the parties have not specified the timing of the return of the bailed thing, the bailee may return the same at any time.
(2) If the timing of the return is specified, the bailee may not return the deposited thing prior to the due date unless there is a compelling reason to do so..


Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act.
Article 533
A party to a bilateral contract may refuse to perform that party's own obligation until the other party tenders the performance of that other party's obligation (including the performance of an obligation to compensate for loss or damage in lieu of the performance of an obligation);provided, however, that this does not apply if the obligation of the other party is not yet due..


Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..


Article 192 A person that commences the possession of movables peacefully and openly by a transactional act acquires the rights that are exercised with respect to the movables immediately if the person possesses it in good faith and without negligence.


Article 196
(1) If a possessor returns a thing in the possession thereof, the possessor may have the person recovering the thing reimburse the possessor for the costs the possessor has paid for its preservation and other necessary expenses;provided, however, that if the possessor has acquired fruits, ordinary and necessary expenses are borne by the possessor.
(2) With respect to the costs paid for by a possessor to improve the thing in the possession thereof and other beneficial expenses, the possessor may have the person recovering the thing reimburse the possessor for either the costs the possessor has paid or the amount of the increased value, whichever the person recovering the thing chooses, but only if there is a current increase in value;provided, however, that with regard to a possessor in bad faith, the court may, at the request of the person recovering the thing, grant a reasonable period of time for the same..


Article 702
(1) If a manager has incurred beneficial expenses for a principal, the manager may claim reimbursement of those costs from the principal.
(2) The provisions of Article 650, paragraph (2) apply mutatis mutandis if a manager has incurred beneficial obligations on behalf of the principal.
(3) If a manager has engaged in the benevolent intervention in another's business against the will of the principal, the provisions of the preceding two paragraphs apply mutatis mutandis, solely to the extent currently enriched.
Article 295
(1) If a possessor of a thing belonging to another person has a claim that has arisen in relation to that thing, that possessor may retain that thing until that claim is satisfied;provided, however, that this does not apply if the relevant claim has not yet fallen due.
(2) The provisions of the preceding paragraph do not apply if possession commenced by means of a tortious act..
