부동산등기 일람성확보를 위한 제도개선방안

부동산등기의 일람성 확보를 위한 제도 개선 방안을 연구했다.

Real estate registration system is a system to secure quickness and safety of real estate transaction as well as to protect rightful persons by announcing the relationship of rights about real estate together with present status of real estate publically based on the exclusivity of real rights. Public announcement system of real rights on real estate has operational difference per country, but each country selects registration system or similar announcement method as this. In modern society having frequent real estate transactions, it is necessary to make public announcement of the relationship of rights about real estate by means of credible official ledger.

And it is also necessary to protect the credibility of the trust in case of having transactions after confirming the official ledger and trusting in its contents. But present legal system doesn't recognize credibility of real estate registration as public announcement system about real estate real rights and doesn't enforce title insurance system of compensating damages to trusters of real estate registration. In order to protect real estate traders, it is necessary to complement the weak point of our legal system whose public confidence is not recognized by strengthening public announcement function of real estate registration and making easily readable real estate register by anyone.

System of confirming the right of lease for houses and commercial buildings among rights coming under registration matters according to real estate registration law through residence register or business registration not through real estate register is being settled. But actual status of real estate can't be exactly confirmed only by real estate register but only through ledger, its accuracy can be guaranteed, which can be said as contradictory matter to the purpose of public announcement system for securing safety and quickness of real estate transaction.

Accordingly, in this thesis, the researcher proposes a plan to make it possible to confirm overall required information about rights being classified as registration matters for real estate traders only by confirmation of registered records. And even among rights that are not registration matters, those that require public announcement according to changes of the times should be included in registration matters.

In addition, if real estate registration becomes easy to peruse through such systematic changes, proper explanation of registered rights must be made for easy understanding by anyone so that public announcement function of real estate registration would do its role properly and thereby insufficient public confidence would be complemented by increased public announcement function. On the basis of public announcement function of real estate registration, in principle, rights belonging to registration matters and their changing courses should be confirmed through registered records.

As rights that are included in registration matters not to be confirmed through real estate register according to present laws, there are the right of lease for real estate, real rights acquisition in accordance with Article 187 of the Civil Law and real rights of real estate on the basis of common law, etc. If such rights can be publically announced in the real estate register, public announcement system of real estate register can be perused far more easily. Therefore, by finding and systemizing such methods, we have to arrange that real estate register would do its principle function of public announcement of real rights of real estate.

For such purpose, the researcher intends to diagnose present status of each system and suggest reasonable methods of publically announcing rights of lease for houses and commercial buildings, rights being prescribed as registration matters in real estate register, and registration methods of real rights of real estate that are not registration matters, and methods of public announcement of the rights to participate in dividend of auction procedure, etc. step by step on the basis of literature and precedents. For rights of lease for houses and commercial buildings, other public announcement systems as well as registration are operated in parallel.

In other words, in principle, by preparing public announcement system of residence register and business registration, methods recognizing opposing power and right to preferential payment are used. And at the same time, opposing power and right to preferential payment for houses and commercial buildings are also recognized through registration order of rights of lease after termination of lease period and through registration of the right of lease for houses or commercial buildings in accordance with regulations of Civil Law during lease period.

As to the right of lease for houses and commercial buildings, both theories and precedents recognize necessity for public announcement being proper for real rights without exception but opinions of its methods were stated variously. But the plan for public announcement of the right of lease for houses and commercial buildings through registration can also be the most proper selection to secure easy perusing of real estate register and to protect lessees' rights, too.

The plan would be necessary for protection of lessees' rights for houses and commercial buildings and proper announcement methods in accordance with the Civil Law in order to overcome many cases where public announcement system of the right of lease through registration couldn't protect lessees' rights. Because registration of the right of lease has already been prepared, there remains the problem of how to overcome the accompanying problems in the course of determining the acquisition requirement of opposing power and right to preferential payment of the right of lease in registration and unifying the announcement method by means of registration.

As registration of the right of lease for houses and commercial buildings, there are pre