未登記 不動産의 强制執行에 관한 硏究 : 未登記建築物을 中心으로 = (A) study of execution by the sales of non-registered real estate : An intensive research for non-registered real estate

미등기 건축물을 중심으로 미등기 부동산의 강제집행을 연구했다.

Our civil law presents the issue of compulsory execution on the non-registered real estate, because it stipulates the land and the fixture for the real estate different with other legislation But the problem called execution on non-registered building cannot be occurred because it cannot be the object of the title seperated with the land in the legislation of german and france which treat the building as the part of the land structure. In Japanese case, the non-registered buildings cannot be registered as the fixture of land, it takes the method of a movable estate execution.

The building that is admitted as a building on a substantial law can be registered by the actual survey of a registry officer, so there's no special issue on an execution of a non-registered building. However there's no substantial authority of judgement on an application of registration for the registry officer in our country, we got the problem which can be the adverse criticism and always present the issue of compulsory execution and the registration in case of formal authority of judgement.

In this thesis, I put the purpose of research which complete the ideal of the compulsory execution and dissolve the execution issue and the social problem which can be caused in the condition of non-registered building. On the other hand, there is the reason that we should grope for the legislation solution, because we cannot find the execution method within the existing law limit, even the non-registered building may Great often around our environment and do a business, there's the controversial point that the creditor cannot do the compulsory execution on the building of the debtor because there's no execution way.

The reason of the non-registered land in the non-registered real estate is not so often and does not Great widely, there's no typical problem on the execution of recording progress by the official authority from the managing agency.

But it should be happened that the execution problem can be occurred, because there's no official notice method in case of the non-registered building, Until now, the transformed method called the corporeal movables execution method of practical affairs to solve the things which creditor cannot do the compulsory execution on the debtor's building, this method could not be the way to protect the creditor completely because there's the problem which takes the non-registered building of the real estate on the substantial law for the movable estate on the execution law.

Therefore in this thesis, I decided the execution method through the new law enactment as the goal of the research under the title that we cannot aim at perfection and meet to the reality with only the revision of the law centered the non-registered building which is the biggest problem between the fixture of the land and the land.

We need a legislative consideration to legistrate what we can do the execution method, enrollment and registration of which process should we get through and at what point we could see which real estate is to be registered or enrolled on the non-registered building, debator try to present the execution divice and the official notice method on the non-registered building' getting through the new legislation instead of the revision of the existing law.

As the new statute term, I put the name, tentatively named the non-registered building enrollment register, which means the register of semi-registered getting the validity of on official notice based on this law and on enactment of the tentatively named non-registered building enrollment law.

As the special feature of this bill, at first, it takes the process th collect the obligatory right through the compulsory execution by the creditor like the real estate registered on the normal register book that the building is registered on the register book, enroll getting through the judgement by the appropriate officer for the building of the fixed level on the non-registered building which can do enrolled on the register book. Like this, not only it is possible for creditor to use the means of actual deal with the proper price getting admit the its own fortune value, but also we can expect the effect which the exchange can be getting better following by the smooth dealing.

Next, we raised the efficiency and the specialty of affairs by the duality of the competent institution and agencies which take charge of enrollment book for the management we just make to control the task of enrollment to let the court take the supervision of enrollment, let the officer of construction dept under the city, the province and the district office which is the permission hall of the building by the administrative organ's jurisdiction for the enrollment charge.

Like this, as the enrollment charge can have the effect of semi-register seeing as execution way or official notice method, it can be the one of the epochal events opening the way of compulsory execution by treating as the real estate on the execution way for the non-registered building which is not completed the registration even through whether it could be registered or not. Nevertheless, we should make it a target for the execution finding the corporeal movables or other official notices for the building (less construction progress standard 50%) as the movable estate of the building under the creating.

第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍와 方法 = 2 第2章 未登記不動産의 强制執行에 대한 諸問題 = 4 第1節 未登記不動産의 强制執行 槪觀 = 4 1. 序說 = 4 2. 未登記 不動産에 대한 執行問題 提起 = 5 第2節 未登記 不動産의 發生原因 = 6 1. 序說 = 6 2. 不動産을 原始取得하는 境遇 = 7 3. 登記簿滅失에 따른 回復登記期間내에 回復登記를 하지 아니한 不動産의 경우 = 9 4. 原因無效의 保存登記가 經料된 境遇 = 10 第3節 未登記不動産에 대한 執行問題 檢討 = 10 1. 債權者가 "즉시 債務者의 名義로 登記할 수 있음을 證明할 書類"를 提出할 수 있는 경 우 = 11 2. 債權者가 "즉시 債務者의 名義로 登記할 수 있음을 證明할 書類"를 提出할 수 없는 경우 = 19 第3章 未登記建物의 執行 可能性 및 問題點 = 30 第1節 有體動産執行方法에 의한 執行 可能性 및 問題點 = 30 1. 執行節次에 있어서의 問題 = 30 2. 競落人의 所有權取得의 問題 = 31 3. 債務者에 의한 建物完工과 所有權保存登記에 따른 問題點 = 32 第2節 不動産强制執行 方法에 의한 執行 可能性 및 問題點 = 35 1. 序說 = 35 2. 建物建築의 段階에 따른 執行 可能性 및 問題點 = 35 3. 一括競賣時 執行可能性 및 問題點 = 42 4. 旣存建物의 增, 改築部分의 執行可能性 및 問題點 = 43 第3節 새로운 執行方法의 摸索 = 45 1. 序說 = 45 2. 立法論 = 45 3. 結語 = 46 第4章 未登記建物의 强制執行에 관한 立法論的 考察 = 48 第1節 立法的 方法의 摸索