일본 부동산등기법의 개정 내용에 관한 개관

일본 부동산등기법 개정과 미등기 토지 문제를 살펴본다.

Recently, in Japan, the social phenomenon of 「Unclaimed land」 has been pointed out as a serious social problem. Unclaimed land means land that cannot be immediately identified by referring to the registration, due to the discrepancy between the contents of the public register and the legal relationship, or even if it can be identified, the contact with the owner is impossible. This problem has been indicated as a cause of delay or impossibility of private transactions, and of difficulty in smooth progress of projects by the government, because it is impossible to contact the right holder when trying to use the land that is necessary for the project.

Therefore, the Japanese government has sought a legislative solution to this problem, and as a result, promulgated the 「Act Partially Amending the Civil Code and Related Acts」. The general contents of the amendment are as follows: namely, Compulsory of Inheritance Registration, simplification and reduction of the burden of inheritance registration, the update or change by authority of the 「name and address」 of the owner registered in the real estate register, the simplification of registration procedures, the correction of applying for a real property registration, and the establishment of a new 「Certifying the registered Real property a Person Owns」.

In this paper, we will introduce the general contents of the amendment and aim to obtain useful implications for the Korean legal system.