점유취득시효 완성자와 제3자

Title
점유취득시효 완성자와 제3자
Other Titles
A Consummator of The Adverse Possession and The 3rd Party
Author(s)
배성호
Keywords
Occupation of adverse possession; A consummator of the possession; The 3rd party; Intention of Ownerships; Precedent of the 5th principle; 점유취득시효; 시효완성자; 제3자; 소유의 의사; 판례5원칙
Issue Date
201010
Publisher
영남대학교 법학연구소
Citation
영남법학, no.31, pp.185 - 220
Abstract
The problem occurs when there is the fundamental adverse possession systematic problem that who should the law protected between a person, who acquire real property for 20 years with peaceful and tranquil conditions, and the 3rd party, who trusted registration so that he/she aquired ownership of those property. This case is related to the purpose of the adverse possession system and the precedent of the 5th principle which introduced by Japanese supreme court. Which means this paper can be directed to where we can consider and request the meaning of the adverse possession relied upon the precedent of 5th principle. After the 1st completion of adverse possession, if the registration of relocation ownership is also completed, the occupant can argue the occupation of adverse possession to the nominee, even though there is previous case. Which doesn't mean that changing owership will start with new occupation; however, the occupant will put into situation where he/she will start new occupation of adverse possession period, which mean he/she have to spend other 20 years of peaceful and tranquil conditions period though cases. Besides, at the 1st Occupation of adverse possession period, an occupant might argue the acquisitions of adverse possession; howeverm at the 2nd Occupation of adverse possession period, it is hard for an occupant to argue those acquisitions.
URI
http://hdl.handle.net/YU.REPOSITORY/23439
ISSN
1225-6722
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법학전문대학원 > 법학전문대학원 > Articles
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