CAJ | 학술논문

法院判决可以直接导致物权变动，而无须物权变动的公示。导致物权变动的法院判决包括民事判决和刑事判决，但主要是民事判决，且限于诉讼判决中的形成判决。在形成判决中，只有具有对世效力且包含物权变动内容的形成判决才能导致物权变动，具体包括分割共有物的判决、撤销合同的判决和撤销债务人损害债权行为的判决等。
법원판결가이직접도치물권변동，이무수물권변동적공시。도치물권변동적법원판결포괄민사판결화형사판결，단주요시민사판결，차한우소송판결중적형성판결。재형성판결중，지유구유대세효력차포함물권변동내용적형성판결재능도치물권변동，구체포괄분할공유물적판결、철소합동적판결화철소채무인손해채권행위적판결등。
A court decision can directly lead to property variation, which does not take real estate registration decision is litigation ju or delivery of movables as necessary conditions of validity. As far as the nature of judicial concerned, those leading to property variation are primarily civil judgments, and all are dgments. Administrative judgments cannot cause property variation because they are judgments on the legality and appropriateness of a specific administrative act. Criminal judgments can lead to property variation because the state ownership of property resulting from confiscation of private property is not based on legal acts. As far as the effect of court ju ments ordering party to undertake civil obligations does not lead to dgments is concerned, civil judgproperty variation because it does not change the existing legal relationship, but only requires a party to fulfill the existing obligations. A declaratory judgment does not lead to property variation either because it only determines the existence or non-existence of a civil legal relationship, rather than changes the ownership of property. Civil judgments modifying an existing civil legal relationship between parties can directly cause property variation, even if its content cannot and needs not be executed. Among such judgments, only those which have absolute effect and contain the content of property variation can lead to variation of property.