계약명의신탁과 부당이득반환청구권

• 영문명: Contract Title Trust and Right of Claiming Unjust Enrichment Restitution - Focused on Judicial Precedents -
• 발행기관: 원광대학교 법학연구소
• 저자명: 김덕중(Kim, Deok-Jung)
• 간행물 정보: 『원광법학』제29권 제1호, 87~113쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.30

영문 초록

The contract title trust is a type of title trust where the title trustee make a contract with a seller as a party of sales contract and register (the property) under the name of the title trustee the after the title truster and the title trustee make a purchase entrustment contract. The title truster can retain the ownership of the real estate only when the title trustee does not know the fact the seller made a title trust in accordance with laws. In this case, the title truster retains the right to claim the unjust enrichment restitution to the title trustee. According to the related laws, when the title trust contract was made before the enforcement of the related laws, the “real estate” itself is subject to the claim on the unjust enrichment restitution. Meanwhile since this right to claim the unjust enrichment restitution is receivables, it is subject to the extinctive prescription and the extinctive prescription continues even if the title truster possesses the applicable real estate.

목차

Ⅰ. 들어가는 말

Ⅱ. 계약명의신탁의 효력

Ⅲ. 부당이득반환청구권

Ⅳ. 맺음말

참고문헌

Abstract

키워드

계약명의신탁 부당이득반환청구권 명의신탁자 명의수탁자 소멸시효 contract title trust right to claim restitution of unjust enrichment title truster title trustee extinctive prescription