現行 不動産登記制度下에서의 不實登記의 問題點과 眞正性 確保 方案

현행 부동산 등기제도의 부실등기 문제와 진정성 확보 방안을 연구했다.

영문초록 :The ideal real property registration system under the principle of requirement for formation adopted as regards the change of real right for real estate in Korea is that the real property registration system should contribute to the safety of transactions of the real rights to real estate as the relationship of rights to real estate should be consistent with their registration and the process of changes in the real rights to real estate should be registered in good faith without ommission But the reality of the real property registration system is that there is a high possibility of the false real property registration that real property registration and entity relation are not consistent or the process of change in the real rights to real property is not registered in good faith.

The problems such as the evasion of taxes and the evasion of the law abusing the false real property registration, and speculation in real property has developed into a serious social problem. Government has imposed the fine or a criminal sanction on those committing this false real property registration or attempting to do it by enacting the Special Real Property Registration Measure Law in 1990. And by enacting the Law on Title Registration of the Rightful Person of Real Property in 1995, it invalidates the title registration under the third party's name or put a strong public-law restriction or criminal punishment on its wrongdoers. But objection has been made to its effectiveness.

Accordingly, it is the ideal of the registration system to achieve the accuracy and speediness of registration. To achieve the ideal of this registration system, this study attempted to make a general comparison of the registration systems of several countries and all principles of the registration system on the one hand and investigate the defects of our current registration system and the problem of the effect of false registration occurring from its operation, namely, what type of false registration is null and void or effective, largely based on the judical precedents on the other.

The comprehensive and analytic policy alternative to prevent the false registration from occurring in advance could include the institutional improvement including the amendment of related laws and regulations, the improvement of registration administration for faithful registration practices and smooth registration and the improvement of factors external to registration.

The specific proposal for institutional improvement of the real property registration system could include the unification of the registration book and the register, the establishment of the registration administration office, the reinforcement of the registration officer's authority of inspection, adoption of the authentication system of the certificate for the cause of registration and the like. The specific proposal for administrative improvement could include the improvement and the professionalization of quality of registration officers, the computerization of real property registration affairs and the like as its imminent task.

To improve others factors external to registration, it is necessary to warn people that the crime related to real property will be strictly punished through the amendment of the Additional Punishment Law on Specific Crimes and the like and publicize the knowledge of the real property registration at the same time. But since the operation of the real property system is as important as the system itself, this study put an emphasis on reinforcing the registration officer's authority of inspection and punishment for crimes related to the real property registration based on the improvement and professionalization of quality of registration officers.

When the occurrence of false registration is precluded in advance by doing so, it is thought that the ideal and goal of the real property registration system could be actualized to some extent