취득시효에 있어서 시효완성자와 원소유자

• 영문명: Prescription completed person and original owner in the acquisition prescription
• 발행기관: 한국민사법학회
• 저자명: 배병일(Byungil Bae)
• 간행물 정보: 『민사법학』제49-1호, 203~234쪽, 전체 32쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

In Korea a person who has possessed the land next door for 20 years, shall acquire the ownership. There is too many this case, as they say what is called Paradise of the acquisition prescription . Korean Civil Code Article 245 about period for acquiring ownership of immovables by possession, described a person who has for twenty years peaceably and openly held possession of an immovable with an intention to own it, shall acquire the ownership by making registration thereof. But Korean Civil Law Article 187 about acquisition of real rights over immovables not requiring registration, described the acquisition of real rights over immovables through inheritance, expropriation, judgment, auction and others stipulated in provisions of law shall not require registration: Provided, That the immovable shall not be disposed of unless it has been registered. Therefore acquisition prescription belong to others stipulated in provisions of law in Article 187, and then not requiring registration because of application to Article 187. Although acquisition prescription need to by making registration in the Korean Civil Law Article 245. So many Korean professors are try to interpret this problems as a matter of academic concern. The acquisition by prescription is a system for the acquisition of ownership in real property by operation of law rather than by a juristic act. Although the acquisition of the legal right over real property by possession is a type of change in the legal right by operation of law, the acquisition of ownership can be effected only upon completion of the registration after the completion of the prescription period as an exception to Article 187 of the Civil Code. Therefore, Korean Supreme Court pronounced a possessor cannot acquire the ownership in the real estate in possession without registration upon completion of the prescription period and can merely acquire the right to claim for the registration of the transfer of ownership in the real estate which is a right to demand claims.

목차

Ⅰ. 문제의 제기

Ⅱ. 취득시효 완성 이전에 있어서의 법률관계

Ⅲ. 취득시효 완성이후 이전등기 이전에 있어서의 법률관계

Ⅳ. 취득시효 완성이후 취득시효로 인한 이전등기경료이후에 있어서의 법률관계

Ⅴ. 잠정적 결론

참고문헌

키워드

취득시효 원소유자 시효완성자 사실상 소유권 실질적 소유권 물권적기대권 acquisition prescription original owner prescription completed person de facto ownership substantial ownership expectation right of a real right