우리나라의 점유취득시효와 미국의 Adverse Possession과의 비교연구

The Comparative Study of Korean Acquisitive Prescription and American Adverse Possession

There are many differences between the subject of Korean real estate law and American property law. Even though two subjects look like same, there are many differences in the details of the subject. However, there are many similarities and differences in the Korean acquisitive prescription and American adverse possession. It is necessary for the person who complete prescription period to register to have perfect ownership in the Korean acquisitive prescription. But it is not necessary for the person who complete the statute of limitation period to record to have perfect ownership in the American adverse possession . That means the person who complete the statute of limitation period in the American adverse possession has original title even though he do not record it. It is similar the possession that somebody has an intention to own in the Korean acquisitive prescription to the hostile possession in the American adverse possession. Hostile possession means possession without permission of the one legally empowered to give possession. It is questionable in all adverse possession whether an adverse possessor s subjective state of mind can destroy hostility. It is the view, along with that of most decisions and of nearly all scholars, that what the possessor believes or intends should have nothing to do with it. It is decided by objectively that what is the possession that somebody has an intention to own in the Korean acquisitive prescription and the hostile possession in the American adverse possession. Thus both are similar but are different in the range. Many differences of the Korean acquisitive prescription and American adverse possession are originated in the difference of registration and recording systems and rules of transfer of interests in realty of both country.