登記請求權에 관한 小考 : Croor = A Study on the Claim Right of Ownership Registration

다국어 초록 (Multilingual Abstract)

system of real estate.
However, there art not such clear clauses concerning the CROOR in Korea's Civil Law and Real Estate Registration Law except for clause 621 in the Civil Law.
This leads to different interpretations causing a variety of problems related with the CROOR.
In Japan, theory that researchers suggest from one-side viewpoint and Theory that researchers suggest from various viewpoints definitions of the CROOR contradict each other, and the Theory that researchers suggest from various viewpoints one also has many argument derived from different viewpoints in the aspect of the concrete development of theories.
In Korea, there are no scholars who contend the Theory that researchers suggest from one-side viewpoint definition because of prevalent formalism unlike in japan. Instead they advocate the Theory that researcher suggest from various viewpoints definition showing considerably different opinions in its contents and concrete development of theory.
According to the way all the Korean CROOR theories are generally classified.
This paper classifies the CROOR into follows:
First, change of property rights based on a legal action.
Second, inconsistent registration.
Third, aquisition based on positive prescription.
Fourth, rent and resale.
The paper also reviews the CROOR characteristics of the above cases through theories and judicial precedents.
Finally, this study investigates whether the CROOR of all the above cases pertain to an extinctive prescription. The study leads to a conclusion that the CROOR in the case of property acceptance is not the object of extinctive prescription as collegiate judicial precedent of the Korean supreme court has showed.

목차 (Table of Contents)

• I. 序言
• II. 主要國家의 立法例
• 1. 槪觀
• 2. 立法動向
• 3. 立法의 比較的 檢討
• III. 登記請求權의 法律的 基礎
• 1. 登記請求權者
• 2. 單獨申請主義와 登記請求權
• 3. 登記請求權의 發生原因과 法的 性質
• IV. 消滅時效
• 1. 槪說
• 2. 檢討
• V. 結語