등기부취득시효의 완성과 소유권 상실에 따른 손해배상 -손해배상청구권의 소멸시효 기산점을 중심으로-

The starting point for computing extinctive prescription can be summarized as follows: ① The “time it becomes possible to exercise a certain right” (Article 166, Paragraph 1, Korean Civil Act) as the starting point for computing extinctive prescription should be understood as a state in which the exercise of rights can be expected from the standpoint of a reasonable third party. ② Article 766, Paragraph 2, in parallel with Paragraph 1, which adopts a subjective system, should be understood as a system that seeks to “terminate” a dispute after a certain period of time has elapsed. Accordingly, the extinctive prescription commences to run immediately upon the occurrence of harm, but exceptions should be recognized in cases where damages arise that could not have been foreseen at the time of the harm. ③ A case in which ownership of immovable property is lost due to the completion of the acquisitive prescription belongs to an exception. Therefore, the extinctive prescription of the right to claim damages against a person without rights should be calculated from the time of completion of the acquisitive prescription. A final and conclusive judgment on the acquisitive prescription merely serves to publicly confirm the completion of the prescription. Accordingly, the time when the judgment of defeat becomes final and conclusive should not be used as the starting point for computing extinctive prescription.