부동산등기에 관한 고찰 = A Study on Our Registration System

부동산 물권 공시를 위한 등기제도의 개념과 문제점을 검토했다.

Almost ten years have passed since the New Civil Law (present civil law) became effective. Hereby I want to elucidate my opinion on registration systems of property rights pointing out some contradictory facts that have been found in its application. 1. First of all, I tried to give a brief explanation on the definition and the kinds of registration. 2.

The registration systems that are recognized by the means of public notice have brought about many troubles on property rights of real estate in reality, that is: Current property right law should coincide with the system that pursuits the two ideals of the strengthening of appropriate property rights and the extension of real rights granted by way of security. So it is required to put certain limitation on registration while registration is required to be extended further more. 3. In order to grasp the accurate meaning of registration system of Korea I looked over the registrative systems of foreign countries such as France, Germany, Switzerland, England, and the U.S.A. 4.

Then I tried to express my opinion on the main subject of this thesis that is Korean registration system: a) Is registration regarded as a requisite in the transfer of property rights in our civil law? I regarded registration as an effective requisite. They say that formalism was adopted in New Civil Law while intentionalism in Old Civil Law (former civil law). But in strict sense, many differences are easily found between the registration system of Germany that had adopted Formalism first and that of Korea So I would like to call our registration as "Korean Formalism". b) I looked over the occasions when registration is not necessary at the time of transfer of property rights.

c) I cast my glance over whether registration and the actual relationships that ensued from the transfer of property rights do always agree with each other. d) With the accelerated development of capitalistic economy, the more frequent business transaction of real estate became, the more frequent the fraud appeared under the pretense of transfer of real estate. I strongly insisted that public reliability should be recognized in our registration system as in German registration system. I also mentioned of the necessity of substantial inspection on the officials who are engaged in registration affairs and the necessity of lowering down of registration tax.

目次 I. 序說 II. 登記의 意義와 種類 III. 不動産物權에 있어서 公示方法으로서의 登記 IV. 外國의 登記制度 1. 佛蘭西의 登記制度 2. 獨逸의 登記制度 3. 瑞西의 登記制度 4. 英國의 登記制度 5. 美國의 登記制度 V. 우리나라 民法上의 登記制度 1. 登記는 不動産物權變動에 있어 어떤 要件인가? 2. 登記를 必要로 하지 않는 境遇 3. 不動産 所有權의 時效取得과 登記 4. 不動産物權變動의 實質關係와 登記와의 一致問題 5. 登記上의 問題點 6. 登記와 公信力問題 7. 其他問題 VI. 結論