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연구논문

계약명의신탁과 부당이득반환청구권 - 판례를 중심으로 -

원문정보

Contract Title Trust and Right of Claiming Unjust Enrichment Restitution - Focused on Judicial Precedents -

김덕중

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초록

영어

The contract title trust is a type of title trust where the title trustee make a contract with a seller as a party of sales contract and register (the property) under the name of the title trustee the after the title truster and the title trustee make a purchase entrustment contract. The title truster can retain the ownership of the real estate only when the title trustee does not know the fact the seller made a title trust in accordance with laws. In this case, the title truster retains the right to claim the unjust enrichment restitution to the title trustee. According to the related laws, when the title trust contract was made before the enforcement of the related laws, the “real estate” itself is subject to the claim on the unjust enrichment restitution. Meanwhile since this right to claim the unjust enrichment restitution is receivables, it is subject to the extinctive prescription and the extinctive prescription continues even if the title truster possesses the applicable real estate.

목차

Ⅰ. 들어가는 말
 Ⅱ. 계약명의신탁의 효력
 Ⅲ. 부당이득반환청구권
 Ⅳ. 맺음말
 참고문헌
 ABSTRACT

저자정보

  • 김덕중 Kim, Deok-Jung. 원광대학교 법학전문대학원 부교수, 법학연구소 연구위원, 법학박사, 변호사.

참고문헌

자료제공 : 네이버학술정보

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