등기청구권의 소멸시효 - 대상판결 : 대법원 2010.1.28. 선고 2009다73011 판결

This review of judicial decision is on the Supreme Court decision 2010. 1. 21 decision 2009da73011. The plaintiff had bought the land to develop it as a housing complex when he had made a contract to the entire land and had paid whole on February 1, 1973. He had not completed transfer registration of the part of the land, though, to avoid registration expense and taxation. The plaintiff has not claimed transfer registration of property from the defendant, Choi ever since he had made contract till he had received the injunction for prohibition of disposition on the part of the land on April,28, 2000 by Seoul district court. This land in argue has been used as the pavement for the housing complex and was once paved in 2000. After then, it was not managed well and so was not in good condition. Under this circumstances, he had claimed the implementation of transfer registration of the land in argue. As for this, the Supreme Court made judgement on extinctive prescription to claim transfer registration that if the purchaser of the land had handed it over and has occupied it, the time limitation does not apply because someone who had executed the rights on hand-over or registration could not be seen as neglecting the rights on the whole, quoting the precedent Supreme Court decision of 1976. 11. 6 Decision 76da148. Adding,even though this land has been used as a passage for neighbors, it could be regarded as occupied by him. This study reviews on purchaser's occupation and the extinctive prescription to claim registration by Supreme Court's decision. For this purpose, relevant precedent decisions and law theories were reviewed along the change of time. And, the significance and the righteousness of the decision is evaluated and the author's opinions on that are expressed. For the settlement of registration and it's advancement and the principle of the requisite for establishment, it should be viewed that there always is time limitation for the right to claim registration regardless of occupation and utilization. This is the way registration system should follow under current Korean Civil Code which had converted to the principle of the requisite for establishment.