점유자와 회복자 간의 법률관계 - 이를 규율하는 법적 근거를 중심으로 -

This study is in regard to the relationship between a possessor and a personentitled to restoration(owner) on the assumption that the possessor is requested to recede the article in his or her possession to the real owner; specifically, the problems of whether the possessor can acquire fructus from the possession, how he or she will be responsible for the destruction or damage of the possession, and who will made the investment in the possession. Regarding such problems, Korean civil law has separate regulations in Article 201, 202 and 203, but ithas unclear relations with other legal systems, especially regarding unjustenrichment or tort, and thus it is realistically hard to determine the overall structure and to explain it with logical consistency. In particular, such regulations cannot be found in Anglo-American law or French civil law but were first introduced into German civil law and a concretemeaning was imparted to it. Such being the case, it has been greatly influenced by German civil law. In the chapter ‘Possessory rights’, for instance, the Korean civil law views the possessor-owner relationship from the perspective of possessory rights, whereas in the chapter ‘Claims Based on Possessory Rights’ ittends to interpret cases on the authority of German civil law legislated by regulations to adjust interests ancillary to a claim for the return of property. This study aimed to point out that such interpretations were inadequate for the system of the Korean civil law, as well as to make interpretations up to the Korean civil law.