점유시효취득의 소급효란?
What is the retroactivity of the Acquisitive Prescription of Real Property?
장재현
초록
Concerning the acquisitive prescription of the ownership of real property of the article 245 and 247 of KGB, I gave a conclusion as follows;1. The Acquisitive Prescription of Real Property is the primary acquisition. 2. Concerning the retroactivity effect of the Acquisitive Prescription of Real Property, article 247 ;(1) Between the owner and the person who completed acquiring prescription(possessor); Between the owener and the possessor, it has not happened the problem of the return, repayment and compensation. Because the owener has a right as owenership and the possessor has also a right of possesson. (2) Between the person having a servitude; The lien becomes extinct by a reflex effect of accquisition of owenership. (3) Between the mortgagee;① Recognition and permission of the mortgage; It must be judged the adhesion right or wrong of the limit by the lien of the third party such as the mortgage from the recognition for an owner undergoing a limitation by such a right of the third party during the occupancy and the acceptance right or wrong. ② The mortage becomes in principle extinct by a reflex effect of acquisition of the ownership; The owner acquires proprietary rights with the sufficiency of requirements of The Acquisitive Prescription of Real Property, and the mortage of the third party becomes extinct by the reflex effect. ③ The owener or the mortgagee must prove mortgage existing and that the possessor recognize and approve it.