부동산디지털등기신청에 관한 법제도적 합리화 방안

부동산 디지털 등기신청의 법제도적 개선 방안을 연구했다.

Major details of the amendment include acceptance of digital application for registration in addition to the existing personal application and in case of real-estate digital registration, substitution of digital documents for paper application or attached documents. In addition, in case of digital application, attendance of the party or representative to registration is not exceptionally required and delivery of paper registration certificate may be substituted with a notice of information.

For the unification of reception time of online application and off-line application, the time when a given information has arrived at the electronic processing system is considered as the reception time of digital application. In the amendment, clauses for the obligation to prevent registration information from leaking and punishment is newly established in a way to protect personal information. The proposed amendment for Real-estate Law is not, however, expected to solve legal problems involved with the existing real-estate registration law, as it is a simple addition of a few clauses involved with real-estate digital registration.

Although introduction of digital application for real-estate registration imposes restriction on the principle of attendance, the principle of joint application is maintained. As an improvement for this, if the problems at the step before application for registration are solved, introduction of the principle of independent application can be considered.