不動産取得時效制度의 存在理由에 對한 考察

• 영문명: A Study on the Justification for Existence of Acquisitive Prescription System of Real Estate
• 발행기관: 한국부동산학회
• 저자명: 김상현(Kim Sang Hyun) 이창석(Lee Chang Suck) 이범관(Lee Buem Gwan)
• 간행물 정보: 『부동산학보』不動産學報 第32輯, 139~151쪽, 전체 13쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2008.02.28

영문 초록

  1. CONTENTS
  (1) RESEARCH OBJECTIVES
  This research has purposed on establishing the standard or direction of the right analysis about the requisite as well as effect through the justification for existence of acquisitive prescription system of real estate.
  (2) RESEARCH METHOD
  We choose literature research methods through various kinds of material domestic and foreign books and theses.
  (3) RESEARCH RESULTS
  Acquisitive Prescription System of Real Estate is necessary to be existed from the viewpoint of society and public interest, in these days. That system basically rules the relationship bet ween the real person of proprietary rights(the person who has the original proprietary rights) and the person who accomplishes the prescription.
  Therefore the protection of the fair trade is only collateral or instinctive function. So we have to very strictly analysis on the way to give weight to the real person of proprietary rights when we interpret the applicable prescription.
  2. RESULTS
  In these days, there is no argument that Acquisitive Prescription System of Real Estate must be necessary to be existed from the viewpoint of society and public interest. But there is undeniable fact that system restricts a principle of absolute proprietary rights. Hence the striction on analysis the applicable prescription is demanded.
  We have been approached theoretically and practically on the justification for existence of acquisitive prescription system of real estate.
  As a result, the Supreme Court denies the pendency(succession) of the good faith and liability without fault on acquisitive prescription of register, yet affirms the succession of the registration and possession. That means the Supreme Court prefers to protect the fair trade through making easy a possessor accomplish prescription. However, that must be reformed because it is contrary to the rules of strict analysis.

목차

ABSTRACT
Ⅰ. 序論
Ⅱ. 比較法的 接近
Ⅲ. 現行 解釋論의 展開와 檢討
Ⅳ. 結論
參考文獻

키워드

acquisitive prescription system of real estate acquisitive prescription of possession acquisitive prescription of register protection on the real person of proprietary rights protection of the fair trade