不动产善意取得的构成要件——以适用前提及善意判断为切入点

The Constitution of Acquisition of Real Estate in Good Faith——In the Perspective of Applicable Preconditions and Good Faith Judgment

因动产和不动产在物权变动、公示上存在天然差异，二者在适用善意取得制度时也存在区别。就不动产善意取得而言，其适用前提应为不动产登记簿所记载的权属错误，而不能与动产善意取得统一认定为无权处分。基于此前提，在判断不动产受让人的善意时要紧紧围绕着不动产登记簿展开，应以受让人实际查看不动产登记簿且不明知不动产登记簿错误为准。

Since there are natural differences in real property rights and publicity between movable assets and real estates, there are also differences in the use of good faith acquisition systems. In the case of acquisition of real estate in good faith, the precondition for its application should be in the way that the ownership recorded in the real estate register is wrong and cannot be unified with the good faith of movable property. Therefore, during judging the good faith of the real estate transferee, it is necessary to closely revolve around the real estate register, and the transferee should actually look into the real estate register and do not know that the real estate register is incorrect.