부동산등기의 신뢰제고방안 연구 = A Study on the Reliability Enhancement of Real Estate Registration

부동산등기제도의 신뢰성과 거래 안전을 높이는 방안을 연구했다.

Republic of Korea has implemented a real estate registration system for safety of real estate transactions. The purpose and function of the real estate registration system is to protect true rights holders and prevent third-party well-intentioned victims by disclosing relations in chages in real rights accurately and quickly. Since public confidence in real estate registration is not recognized under the current law, the one who trades with trust in registration of real estate is not protected when a true right holder exists. In other words, according to the current law, static safety the one of the regesterd name is considered more importantly than dynamic safety the true right holder.

This is because insufficient registration of real estate occurred due to insufficient systems and registration procedures during the implementation and transition of the real estate registration system, and protecting the registered name causes infringe on the true right holders’ right. The fundamental reason why the public confidence in registration of real estate is not accepted in our legal system is the insufficient registration. Insufficient registration refers to not only false registration by forged documents, but also all registration that does not match the actual rights relationship regardless of forgery, intention, malice, or good faith.

Insufficient registration occurs since the current registration agency takes formal examination. Real estate registration must be made in accordance with the actual rights relationship through substantial examination by the registration agency. However, since the current registration examination is based on a formal examination, there is a limit to ensuring that the registration and the actual rights relationship match.

However, if the registration agency is given the right to examine the registration for the purpose of ensuring the reliability of registration, it will delay the process of registration and increase the volume of work, These will slow down the work of registration, After all, it will diverge from the original ideas in the real estate registration system. Therefore, the prevention of insufficient registration should be preceded for the public confidence of registration, the safety of transactions, and the protection of a third party in good faith.

Currently, Korea's real estate registration system and the procedure of registration have been transferred from handwritten register to computerized register to adapt to the changing of the times, and with the development of the ICT industry, Korea's real estate registration system has been developed day by day through electronicization. In this paper, unless the public confidence of registration is accepted in the Korean registration system and current law, insufficient registration cannot be completely prevented, and insufficient registration should not infringe on the safety of real estate transactions and cause unforeseen damage to a third party in good faith.

After reviewing the current law regulations and theory construction to protect the trustees of registration under the current law, which does not recognize the public confidence of registration, we have considered ways to improve the safety of registration system for real estate transaction and effective improvement measures. This paper summarizes the improvement measures and practical registration procedures proposed as measures to improve the trust of registration for the safety of real estate transaction and prevent insufficient registration. First, in relation to the improvement of the registration agency, there is an opinion that the occurrence of insufficient registration is due to the formal examination right of the registration authority, so the insufficient registration should be blocked by the actual examination right of the registration authority.

If the registration agency is given the right to examine, it is highly likely that the registration will match the entity relationship. However, even if we recognize the right to examine, it does not always mean that the registration corresponds to the entity relationship. This is because even if the registration agency has the actual right to examine, it is difficult to say that the right to examine will be comparable to the right to investigate. In other words, there is a limit to ensuring the authenticity of registration even if the registration agency’s actual examination right is implemented.

In addition, if the registration agency conducts a substantial examination, the speed of registration becomes slows, and the uncertainty of the registration agency may reduce the real estate transactions and give a bad effect on the national economy.

In my opinion, simply verifying the identity of the registration application based on the formal examination of the current registration agency, confirming the authenticity of the documents provided as attached information, and confirming the authenticity of the registration step-by-step procedure can be expected to have as much effect as the actual examination right of the registration agency. Second, the majority view is that the actual examination must be satisfied in order to recognize the public confidence of registration, through the actual examination of the registration agency or notarization of the certificate of cause of registration.

The purpose of the notarization system for certificates of cause of registration is to secure the authenticity of the cause of registration so that registration consistent with the actual rights relationship is performed. However, if the parties to the transaction conspire to notarize the certificate of cause of registration, insufficient registration may occur for notarization that fails to fulfill a strong level of examination. This is because notaries rely solely on the confirmation of the parties' intentions. If so, the notarization system of the certificate of cause of registratio

제1장 서론 1 제1절 연구의 목적 1 제2절 연구의 범위와 방법 3 Ⅰ. 연구의 범위 3 Ⅱ. 연구의 방법 4 제2장 부동산물권변동과 공시제도 6 제1절 부동산의 공시제도와 공신력 6 Ⅰ. 부동산 공시제도의 이원적 체계 6 1. 부동산에 관한 공시제도 6 2. 부동산등기제도 6 3. 지적제도와 건축물공시제도 8 4. 공시제도의 특징과 비교 9 Ⅱ. 부동산 공시제도의 이원화로 인한 법률문제 11 1. 공부의 불일치의 발생원인 11 2. 공부의 불일치에 따르는 법률문제 12 Ⅲ. 등기의 공신력 17 1. 공신력의 의의 17 2. 공신력에 대한 학설 및 판례 18 3. 공신력인정의 필요성과 문제점 20 4. 공신력 인정의 전제조건과 효과 23 5. 부동산등기의 공신력에 관한 외국의 입법례 26 6. 소결 28 제2절 부동산등기제도의 체계와 운영 29 Ⅰ. 우리나라의 부동산 등기제도 29 1. 등기제도의 연혁 29 2. 부동산등기에 통용되는 법규 31 3. 부동산등기의 원칙 32 Ⅱ. 등기의 요건과 효력 34 1. 등기의 유효요건 34 2. 등기의 효력 36 Ⅲ. 등기사항 41 1. 등기의 대상 41 2. 등기의 순위 43 Ⅳ. 등기관의 등기심사권 44 1. 등기관의 권한과 책임 44 2. 등기관의 업무처리 제한 46 3. 등기관의 심사권 46 4. 등기관의 주의의무 49 Ⅴ. 등기관의 처분에 대한 이의 51 1. 이의신청의 의의 및 요건 51 2. 이의신청의 절차와 효력 54 3. 이의신청의 재판에 대한 불복 55 제3절 외국의 물권변동과 부동산등기제도 57 Ⅰ. 독일 57 1. 부동산물권변동이론 57 2. 부동