등기전부동산매수인의 법적 지위에 관한 연구

부동산 매매계약 후 소유권 이전등기 전 매수인의 법적 지위를 살폈다.

Although the sale & purchase processes of the real estate cannot be defined as a whole, after sale & purchase agreement it is usual that this processes are closed with the completed registration of the ownership transfer under the name of the purchaser. Therefore so called ‘Purchaser before the Real Estate Registration’ can be found between the sale & purchase agreement and the actual registration. Furthermore regardless of any reason for the uncompleted transfer registration, this Purchaser before the Real Estate Registration often becomes noticeable when the sale & purchase of the real estate is performed.

However the current civil law is not mentioning about the legal status of the Purchaser before the Real Estate Registration, and only several special laws define this status by using the term, ‘de facto owner.’ This research, based on the necessity of defining the legal status of the Purchaser before the Real Estate Registration which often being found during the transaction process of the real estate, examined how current academic world of the civil law and the Supreme Court understand the legal status of Purchaser before the Real Estate Registration and aimed to suggest the proper legal status.

To accomplish the goal of defining the legal status of the Purchaser before the Real Estate Registration, this research divided following researching categories under the each chapter. First of all, in the 1st chapter of the introduction, the purpose, scope and methodologies of the research are defined, and in the 2nd chapter the view understanding the Purchaser before the Real Estate Registration as a creditor was suggested, following the current civil law which adopted the formalism. In the 3rd chapter this research examined the opinion of protecting the Purchaser before the Real Estate Registration by assuming the Expecting Right of the Law of Reality.

Also the claim for the registration of the Purchaser before the Real Estate Registration is discussed as one chapter in the 4th chapter, because this claim rights are overlapped in the 2nd and 3rd chapters and differentiated according to the distinct opinions. Finally in the 5th chapter of conclusion, this research suggested the argument in its own way, based on the justification of protecting the Purchaser before the Real Estate Registration.