초록 열기/닫기 버튼
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.
키워드열기/닫기 버튼
the possessor, owener, completion of prescription, the Acquisitive Prescription of Real Property, period of limitation, retoactive effect, a reflex effect of accquisition of owenership
