不動産登記制度의 改善에 관한 硏究 : 信賴性 提高方案을 中心으로

부동산 권리관계의 공시와 거래 안전을 위한 등기제도 개선을 연구했다.

The ideal of real-estate registration is for safety and rapidity of transactions by making public the real situation and right relation of real-estate by describing a certain matters on the register concerning real-estate by a registration public official representing a state organ. In order that registration can take this role sufficiently, first of all, a correct registration suitable to an authentic relation of right should be made. Unless the registration is correct, it may be harmful to the safety of a transaction. Next, the registration should be made rapidly. If a procedure for registration is delayed only for correctness, economy around real-estate may not be smooth.

Therefore, the harmony between correctness and rapidity is the very ideal at which the registration system should aim.

In this thesis, in order to secure the authenticity of registration, I have examined the problems of notarization of the registration cause certificate, unification of register and ledger, joint application principle, a party concerned presence principle, letter of guarantee and confirmation in written which are one of documents attached to the application of registration, the right of investigation of a registration public official or the system to confirm an entrusted person in law affairs and objection application system for treatment of a registration public officials and then I have studied their improvement measures as follows: First, concerning the system of notarization of registration cause certificate, I found out that there were many problems to introduce the system of notarization into our registration system because of problems of complexity of notarization into our registration system because of problems of complexity of notarization procedure, delay in registration procedure according to complexity, granting the actual right of investigation to a registration public official, range and object of notarization and insufficient number of notary publics.

Furthermore, I have examined how to supplement the present system in order to secure the authenticity of registration not executing the system of notarization of registration cause certificate. Second, some people claim that register and ledger should be united. Their basis of claim is because of inconsistency between them, excessive management cost, inconvenience of use, etc.

If these register and ledger are united, I regard it as appropriate in the aspect of convenience of user but the unification of them may occur a confusion under the circumstances that physical situation of real-estate can not be all registered at cadastre and ledger, places with unadequate land register reach to large amount, in order to arrange this, a business to establish the law of re-investigation of land register(provisional name) through public hearing in September 1996 has been proceeded, a register based on insufficient ledger may be a false register. Before unification of these register and ledger, physical situation of real-estate should be correctly registered in the ledger.

Third, joint application principle and a party concerned presence principle are the system to prevent false registration by making registration obligator who may lose his/her right by registration be presented in a procedure of registration application. By the way, a false registration may be made because of pro forma investigation of a registration public official for identification of a person presented whether he is a party concerned.

So I suggested a theory of legislation to grant a practical investigation right to a public official but limited to the identification of a person concerned and also suggested a theory of legislation to introduce a practical investigation right for identification of person concerned in identification of an entrusted person by a licensed person in law affairs. Fourth, I have examined the effect of the present system which makes us submit identification in written instead of the system of guarantee by guarantor which has been filed in case of loss of registration certificate out of documents to be submitted when apply registration.

Many problems has occurred due to the system of guarantee as a system for security of authenticity. And also, I have examined that the system of one's seal impression certification and the submission of a document proving address are required documents in order to secure the authenticity of registration. Last, I have examined the problems of objection system for treatment of a registration public official, renewal and correctness system and their improvement measures.

Especially, some people who claim the introduction of the system of notarization claim that a registration public official with formal investigation right in case of application for registration according to false documents not by true intention of the holder of registration title deed under the current registration system. However, under the present system, though the documents required for application for registration were false, the registration by means of those false documents would not be easily made.

Because parties concerned(registration obligee and obliger) should be presented together in the registration office and apply for registration in case of direct application of parties concerned or in case of application by a licensed person in law affairs, he/she should identify an entrusted person whether he is him(her)self in order to prevent false registration application not by real intention of the holder of registration title deed. So if someone may have necessary documents for application for registration, the application for registration would not be made as it is.

By the way, if someone applies for false registration by forging or altering required documents such as the certificate of one's seal impression since a registration public official or a licensed person in law affairs identify a party concerned formally, this can not be found out easily, wh