소멸시효의 쟁점에 관한 검토

Abstract

A Study on the Issues of Extinctive Prescription System An attitude of precedent on the issues of extinctive prescription is as following. A claim of registration as an obligatory claim that produce legal act is applied in principle extinctive prescription of 10 years. However if real estate purchaser is delivered object and continuously possess or succeed the possession disposing of to another person. extinctive prescription is not gone. Founded in real estate possession If occupant's registration claim which acquisitive prescription is completed does not use 10 years from a day the occupant loses possession, extinctive prescription is completed. And real claim of property is not applied extinctive prescription. However effect on suspension of prescription does not occurs justly that there was defendant’acceptance of legal suit. As pleading principle, defendant insists that acceptance of the suit or other suit discontinue prescription therefore effect on suspension of prescription appears. A completion of extinctive prescription lapse the right. If person who received profit of the prescription by completion of extinctive prescription does not assert litigation that receive effect of the right extinction, court should not take foundation of judgement. A formative right is always applied limitation and if its right is not particular term of existence that limitation of 10 years is applied from time that the right occurs.