제3자 이의의 소 불행사와 실권효의 제재

Abstract

The party who has right can lose their right due to another person’s acquirement of prescription, acquisition of the good faith and the rule to protect the third partys’ good faith according to substantial law. Due to the effect of judgement and the loss of right for attack in proceeding law, the real rightful person can lose his right. I suggest that substantial and proceeding law should be understood comprehensively in accordance to the third partys’ demurrer and the party who doesn’t have the lawsuit of the third partys’ demurrer be robbed of their right by restriction of administration law. It is proper to accept public trust of registration since computerized registration is common. It is desirable that public officials be given substantial rights through the introduction of an authentic system for processing registration papers. Therefore, it is right for him to have the acquisition effects if the buyer has possession by paying for it at auction. I think the party who lose their real right should reimburse damages received illegally from the debtor or creditor.