점유취득시효가 완성된 부동산을 제3자에게 처분한 경우 점유취득시효 완성자와 원소유자의 법률관계

Abstract

According to the Supreme Court of Korea, the owner who disposed of the real estate whose period of real estate ownership through possession has been completed is not liable for default to the occupant. However, claim for the Substitute is recognized. However, this is only the case when the occupant requests the transfer of ownership registration or claims that the prescription for acquisition of possession has been completed. If the owner knew or could have known such a fact and disposed of it, liability for tort is recognized.
 In this article, these Supreme Court precedents and theories about them were reviewed. The conclusion is as follows:
 A person who has completed the prescription for acquisition of possession does not have the right to claim ownership transfer registration as a creditor. The owner must only cooperate with the person who has completed the prescription for possession acquisition to acquire ownership through registration. Therefore, the owner has no liability to the occupant. If the owner disposes of the real estate, the legal relationship ends. It does not convert into damages for failure or claim for the Substitute.
 However, If the owner disposes of the real estate to prevent the occupant from registering and taking ownership, liability for tort is established.