不動産所有權의 取得時效에 關한 法理考察 = A Jurisprudential Discussion on the Prescription System of Aquiring Ownership of Real Property

부동산 소유권 취득시효의 법리를 검토했다.

A person's ownership of real property is to be passed over, by way of registration, to the other person who, under certain conditions, has kept on occupying it over for a certain period. This positive prescriotion system of acquiring title of realty is, after all, one of those prescription systems in general, positive or negative, whose meaning of existence is to promeote stability and secrity of legal life in society by recognizing the value of a lasting actual state and elevating it to a legal right.

This system involves many problems in its application, namely, in the interpretation of its necessary conditions, so that, ever since the enforcement of the new Civil Code, conflicts in ownership of realty connected with this system have assumed a quite complicated aspect. So this paper is an attempt to arrange-centering around the leading cases-various criticisms and suggestings about the interper etation of the requisites of this system, with the following conclusion: -"Intention of ownership." one of the essential conditions, seems to have been interpreted from a somewhat too narrow point of view.

-As it seems to an excessive requirement that ownership should be acquired "by way of registration" for all the atisfied substantial conditions, it is to be hoped that this formal requirement will be reconsidered in the future amendment process of the Civil Code. -As for the jurisprudential nature of the prescriptive claim to the registration, it would be most reasonable to grasp it as the claim to a right in rem.