다수인의 간접점유

• 영문명: Indirect Possessions of Multiple Parties
• 발행기관: 한국민사법학회
• 저자명: 朴世珉(PARK, Sea Min)
• 간행물 정보: 『민사법학』제63-1호, 263~298쪽, 전체 36쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

The Judgment of the Supreme Court treated in this study concerns the case where creditors of a person who is a lessor and a owner of building insisted indirect possession and interdicta against the new owner, who had forcibly taken the building away from the former owner’s creditors. The Court dismissed the recovery demand on the grounds that the creditors were not indirect possessors. On the assumption of existence of partnership between the lessor and his creditors, they jointly share indirect possession of the leased object, so that the creditors who are also the indirect possessors are able to exercise possessory remedies. This indicates that a member of the partnership is in the position of an indirect possessor of the partnership asset, even though the person did not actually create contractual relationship such as lease contract.

목차

Ⅰ. 서론

Ⅱ. 사실관계와 소송경과

Ⅲ. 대법원판결에 나타나는 간접점유 관련 재판례

Ⅳ. 다수인의 간접점유

Ⅴ. 조합재산의 점유

Ⅵ. 결론

참고문헌

키워드

간접점유 공동점유 점유보호청구권 합유 조합 임대차 Indirect Possession Joint Possession Lien Partnership Lease