不動産 取得時效制度에 關한 硏究 = A study on the System of Prescription Acqiuisitive Real Estate

부동산 취득시효제도의 해석과 적용상 문제를 연구했다.

In comparison to legislative procedures in other countries, Korea has a unique system of the Prescription Acquisitive of Real Estate on her Civil code. Accordingly, interpretation and application of such system pose unique problems. However, not much study has been done on such problems yet. Considering the fact that due to a short history of the court registration system of Real Estate in Korea, there are numerous cases in which the rightful titles to Real Estate are not publicized, the Prescription Acquisitive system deems to have positive function.

As to the conditions for Prescription Acquisitive of the Real Estate, important topics such as object of Prescription Acquisitive, nature of Acquisitive, methods to establish starting date in relation to Prescription Acquisitive period, question of succession of registered status in cases of Prescription Acquisitive by registration. The crucial problem is, however, difficulties in interpretation due to total lack of prescribed forms or procedures of registration, which is a condition to general Prescription Acquisitive, under the Real Estate Registration Law. Such legislative shortcomings should be rectified without delay.

Regarding the effect of the Prescription Acquisitive of Real Estate, clear criteria to the following problems need to be legislated. In cases of general Prescription Acquisitive precedents are problematic, and lack consistent interpretation as to the time of registration and the question of priority of the third party who has acquired the title; One problem in the popular view and precedents which intrepret the Prescription Acquisitive of Real Estate as the orginal acquisition, is the question of whether any existing incumbrances other than ownership apply to the person who has acquired title or whether the acquisitor acquire a clean title.

If such incumbrances are to be cancelled, what are the procedures of such cancellation. In this thesis, I have examined procedents and theories regarding various problems mentioned above, and provided my humble opinion. If my thesis is in some way helpful to the study and legislation of the Prescription Acquisitive system in Korea, I shall be content.

Ⅰ. 序論 1. 硏究의 目的 2. 硏究의 範圍와 方法 Ⅱ. 取得時效制度의 意義 및 存在理由 1. 取得時效制度의 意義 2. 取得時效制度의 存在理由 Ⅲ. 取得時效制度의 沿革 및 諸 外國의 立法例 1. 取得時效制度의 沿革 2. 諸外國의 不動産取得時效制度 Ⅳ. 不動産所有權의 取得時效制度 1. 取得時效의 對象(占有의 客體) 2. 取得時效期間 3. 一般取得時效의 要件 4. 登記簿取得時效에 特有한 要件 Ⅴ. 不動産取得時效의 效果 1. 所有權의 取得 2. 取得時效로 因한 所有權取得의 遡及效 3. 取得時效와 관련한 經過規定 Ⅵ. 結論