不動産取得時效制度의 存在理由에 對한 考察

A Study on the Justification for Existence of Acquisitive Prescription System of Real Estate

&nbsp;&nbsp;1. CONTENTS<BR>&nbsp;&nbsp;(1) RESEARCH OBJECTIVES<BR>&nbsp;&nbsp;This research has purposed on establishing the standard or direction of the right analysis about the requisite as well as effect through the justification for existence of acquisitive prescription system of real estate.<BR>&nbsp;&nbsp;(2) RESEARCH METHOD<BR>&nbsp;&nbsp;We choose literature research methods through various kinds of material domestic and foreign books and theses.<BR>&nbsp;&nbsp;(3) RESEARCH RESULTS<BR>&nbsp;&nbsp;Acquisitive Prescription System of Real Estate is necessary to be existed from the viewpoint of society and public interest, in these days. That system basically rules the relationship bet ween the real person of proprietary rights(the person who has the original proprietary rights) and the person who accomplishes the prescription.<BR>&nbsp;&nbsp;Therefore the protection of the fair trade is only collateral or instinctive function. So we have to very strictly analysis on the way to give weight to the real person of proprietary rights when we interpret the applicable prescription.<BR>&nbsp;&nbsp;2. RESULTS<BR>&nbsp;&nbsp;In these days, there is no argument that Acquisitive Prescription System of Real Estate must be necessary to be existed from the viewpoint of society and public interest. But there is undeniable fact that system restricts a principle of absolute proprietary rights. Hence the striction on analysis the applicable prescription is demanded.<BR>&nbsp;&nbsp;We have been approached theoretically and practically on the justification for existence of acquisitive prescription system of real estate.<BR>&nbsp;&nbsp;As a result, the Supreme Court denies the pendency(succession) of the good faith and liability without fault on acquisitive prescription of register, yet affirms the succession of the registration and possession. That means the Supreme Court prefers to protect the fair trade through making easy a possessor accomplish prescription. However, that must be reformed because it is contrary to the rules of strict analysis.