점유취득시효 완성자의 대상청구권

Abstract

A claim to compensation in substitutes by possessor's acquisitive prescription of real property provide the clause 281 in section 1 of the German Civil Act and the clause 1303 of the France Civil Act. but claim to compensation in substitutes by possessor's acquisitive prescription of real property don't provide in the Korean Civil ct. therefore, whether or not claim to compensation in substitutes by possessor's acquisitive prescription of real property admit, the dispute exist. But, the admit of claim to compensation in substitutes by possessor's acquisitive prescription of real property in interpretation are the large number view and the Supreme Court view on the ground that the reversion to the authentic rightful person of the property worth of the self-not reversion was based on the fairness principles flowing the whole civil act. but I doubt the propriety of admit for the claim to compensation in substitutes by possessor's acquisitive prescription of real property in not only the effect of the fulfillment- impossible but also the effect of the completion of the acquisitive prescription by Supreme Court. For claim to compensation in substitutes by possessor's acquisitive prescription of real property provide, the fulfillment of debt have to be impossible post factum because the existence of the credit and the debt between the parties was premised. but I have a doubt for the whether or not the credit and the debt in the parties exist in the acquisitive prescription of real property. Therefore, in thesis, I try to study the propriety of admit for the claim to compensation in substitutes by possessor's acquisitive prescription of real property by Supreme Court. In studying these problems, first, I try to study the general theory of claim to compensation in substitutes by possessor's acquisitive prescription of real property, next, I try to study the legal position of the possessor's acquisitive prescription of real property. last, I try to study the supreme court attitude for the admit of claim to compensation in substitutes by possessor's acquisitive prescription of real property