취득시효에 있어서 시효완성자와 원소유자

Title
취득시효에 있어서 시효완성자와 원소유자
Author(s)
배병일
Keywords
acquisition prescription; original owner; prescription completed person; de facto ownership; substantial ownership; expectation right of a real right
Issue Date
201006
Publisher
한국민사법학회
Citation
민사법학, v.49, no.1, pp.203 - 234
Abstract
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.
URI
http://hdl.handle.net/YU.REPOSITORY/22276
ISSN
1226-5004
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법학전문대학원 > 법학전문대학원 > Articles
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