회사정리절차와 점유취득시효의 기산점- 대법원 2015. 9. 10. 선고 2014다68884 판결 -

Abstract

The title of this thesis is “Company Reorganization Procedure and the Starting Point of Reckoning in the Occupation Acquisitive Prescription-Supreme Court Decision 2014Da68884 Decided September 10, 2015-”. Article 245(Period for Acquiring Ownership of Immovables by Possession) of the Civil Code stipulates that (1) 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. (2) A person, who has made registration as the owner of an immovable and has for ten years peaceably and openly held possession of an immovable with the intent to own it, shall acquire the ownership of such immovable if his possession is in good faith and without negligence. While the prescription period for acquisition was in progress, the rehabilitation procedure was carried out and a receiver was elected. However, the rehabilitation procedure was completed at the time when the prescription for acquisition was completed. In this case, the question is whether the possessor can assert the completion of the acquisition prescription to the owner. In particular, in this case, the question is whether the possessor can arbitrarily select the starting point of the acquisition prescription. The Supreme Court ruled that if the rehabilitation procedure was completed at the time the acquisition prescription was completed, the possessor could claim the completion of the acquisition prescription against the owner. The Supreme Court's judgment is considered faithful to the past judgments on the rehabilitation procedure and the starting point of the prescription for acquisition.