登記請求權에 관한 硏究

부동산 물권변동과 등기청구권을 연구했다.

Among so many low problems on regiration, the most diversified and important one is on its claim. Though there is no express statement of it in Korean civil law, the Korean civil law adapts German legal System (Registration System) in the conveyance of real property. It is necessary for the conveyance to make an agreement about real property and to registrate. So the registration is directly related the conveyance. The claim to the registration is defined that the grantee asks the participation of grantor in registration process. In general these claims are divided into four.

In the case of the voluntary transfer, it is much too quareement, that is, its cause is the obligation or the real agreement or the effect of real agreement or the effect of real expectative right, its nature is personal or real. I conclude the cause is directly form the obligation for example from Art. 568(korean civil lam), its nature is personal. In the discord between the real right and the registeaion, its cause is from the effect of the real rights and its nature is real. And the case of the lease and repurchase, its cause is form the regulation in the civil law, its nature is personal.

In the positive prescription, the claim is indirectly regulated that the possessive person acquires the ownership by way of the registration (Art. 245, 1 Korean civil law). Intermediate - Registration - omitted Registration means the case that, though B bought A, real property and sold it to C, C registered himself as owner in the Register book as if C acquired the ownership of it directly from A. Such a registration is very usual in the real world of dealing and has been much disputed about in the theories and the judicial precedents. in the case of Intermediate - Registration - omitted Registration is aleady completed, the theories and the judicial precedents have been adopted peculiar.

By the way Special Act of real property registration published in Act 4,244, it denies Intermediate - Registration - omitted Registration and adopts registration obligation system in the conveyance of real property. So that the Act will effect change of the theories and judical precedents. I hold with the Act.