부동산소유권 취득시효의 요건과 효과 = The requisites and effect of acquisitive prescription on the right of the real estate

부동산 소유권 취득시효의 요건과 법적 효과를 연구했다.

The acquisitive prescription of the ownership acquisition ways of the civil law is a system that a person who is possessed during a certain period acquires a thing or right of another person. Namely, the acqusitive prescription is a system that could be acquired the right of the ownership from the possession of a reality condition. The civil law of ours on the real estate does not prescribes a principle of the public confidence. Thereforce, the acqusitive prescription is a only system that could be acquired the right from an unrightful person.

The acqusitive prescription of the real estate is not a peculiaritive system of our country, but an acceptive system from a legislation instance of a foreign country. Thereforce, we are requested an original judgement in the interpretation of the regulations. The civil law of ours prescribes Article 245 of the civil law about the acqusitive prescription of the real estate. Especilly, Clause 1 of article 245 requests the real-estate registration for acquiring the right of the ownership. The acquisitive prescription relieves a difficulty of possessor's proof, because of the respect of the right relation's reality condition and the right's external form.

A claim of the registration is an obligatory right. Although a possessor acquires a right of claim of the ownership, if he losts a possession, a right of the ownership becomes extinct. And, a person that succeed the possession can directly ask for a right of claim of ownership to an owner, there is no necessity for a contrapuntal claim about a person that pletes the acqusitive prescription. Because a right of claim of the ownership becomes extinct for a possession-lost of the front possessor, so the present possessor is no neccessity for a contrapuntal claim about the front possessor.

The precedent about the acqusitive prescription on the right of the ownership of the real estate has a few problems. For the solution of these problems, the precedent and the ponent should be made a study. The consistency of the precedent and the repletion of the acquisitive prescription by a legislator are groped without interruption.

Ⅰ. 序論 = 1 1. 硏究의 目的 = 1 2. 硏究의 範圍와 方法 = 2 Ⅱ. 不動産 取得時效의 立法經緯 및 立法例 = 3 1. 立法經緯 = 3 2. 立法例 = 3 Ⅲ. 不動産 取得時效의 要件 = 8 1. 요건의 개관 = 8 2. 공통된 요건 = 9 3. 特有要件 = 34 Ⅳ. 不動産 取得時效 完成의 效果 = 47 1. 부동산 일반취득시효의 제도적 취지 = 47 2. 原始取得인지 與否 =48 3. 所有權 取得의 遡及 = 50 4. 時效取得 完成 後 登記 前의 권리상태 = 53 Ⅴ. 結論 = 70 參考文獻 = 73