판례상 취득시효완성 후 등기 전의 법률관계

Abstract

Acquisitive prescription is a method of acquiring property or right by meeting statutory requirements of continuous possession In civil law, there are prescriptive system of occupancy acquisition(civil law §245①) and prescriptive system of resister acquisition(civil law §245②). Prescriptive system of occupancy acquisition is a method of acquiring ownership by holding possessions in the role of an owner, public and peaceful for twenty years. Prescriptive system of resister acquisition is a method of acquiring ownership by holding possessions in the role of an owner, peaceful and public for ten years. A wide range of precedents on prescriptive system of occupancy acquisition not only provide an analysis on the prescriptive system of acquisition, but also make a conclusion that goes against a principle of civil law, drawing criticisms. Supreme Court has so far offered a tremendous array of analysis and standard for the solution to acquisitive prescription problems through the five principles of acquisitive prescription. Such an analysis has a great amount of impact on civil law and plays a significant role in resolving many different conflicts in field. However, contents not related to legal matters such as political reason influence the interpretation of the analysis to the point where many problems and contradiction occur. Prescriptive system of acquisition in civil law needs to be modified to a great extent. Especially regarding to approving range of acquisitive prescription, approving acquisitive prescription limitedly is considered to be advisable. Such a phenomenon seems to be persuasive even if compared with the recent precedents of the Supreme Court that, unlike in the past, do not approve acquisitive prescription easily. The Supreme Court's analysis regarding prescriptive system of occupancy acquisition needs to be continuously researched as it has potential to impact on the revision of civil law.