부동산 거래계약의 공증의무화제도에 관한 연구 : 매매, 임대차, 전세권 중심으로

부동산 거래계약의 공증 의무화 제도를 제안했다.

In order to argue the subject of this study, the researcher examines the trends of previous studies on Korea's notarization system and proposes a bill to enact the "Act on the Mandatory Notarization of Real Estate Transaction Contracts" (Chapter 4, Section 4).

As a way to introduce a notary preparation fair certificate (executive authority) for the notarization compulsory system of real estate transaction contracts, there should be proposed alternatives as a research project on who is dedicated to the operator of notarization, to what extent the scope of notarization will be determined in the method of notarization, and also on the issue of permanent preservation of notarized documents and compensation for damages under the notarization system.

Notarization has the effect of ensuring the authenticity and impartiality of notarized affairs, and the execution of notarization certificates has the effect of enforcing compulsory execution in the event of non-fulfillment of debts between the parties without a judgment. In addition, notarization has the ability to preserve evidence and can be presented as strong evidence in civil and criminal trials.

As a result, the "Mandatory Notarization System of Real Estate Transaction Contracts" is an institutional device that can prevent disputes between the parties in advance and prevent the risk of real estate transaction accidents, and has the expected effect as a practical value for the settlement of a credit society, such as reducing the social cost of the litigation economy and fulfilling the promise of the contract.

The purpose of this study is to examine the notarization obligation system of real estate transaction contracts, and the problem of soaring housing prices due to the overheating phenomenon of the Korean real estate market which has led to the instability of people's residential life and the polarization of social conflicts between classes. In addition, the problem of securing the stability of real estate transaction risk was the system of the dual system structure of the register and the register book, and it was found that the lack of public confidence in the registration system and the inadequate registration.

Accordingly, the task of precautionary measures to resolve the occurrence of disputes in the real estate transaction contract between the parties as a matter of question should be taken into consideration. Today, real estate transactions require knowledge of the analysis of rights in legal and economic fields above the expert level because the procedure is complicated. In other words, neglecting the duty to pay attention and prevent real estate transaction accidents as a responsibility of private autonomy is insufficient to protect property rights, which are fundamental rights of the people under the constitution.

This is the reason why the study began to present the necessity of a notarization system by a notary preparation fair certificate (executive authority) of real estate transaction contracts as a resolution of the risk of real estate transaction contracts, transparency of real estate transaction contracts, and authenticity. The risk problem of Korea's real estate transaction contract system arises from the structure of the transaction in which the buyer prepays the down payment at the conclusion of the contract of sale, thereafter pays the intermediate payment, and then enters the registration stage at the same time as the payment of the balance.

In other words, the change in gains and losses of real rights due to the act of law on real estate must be registered in order for it to take effect. The formalism of Article 186 of the Civil Code provides the legal and structural cause of the risk of real estate transaction accidents in the legal structure of the 2-step system of formalism called the Registration of Real Rights (Article 186 of the Civil Code) through the pre-registration phase of the contractual legal act of a real estate transaction contract. In addition, Korea does not yet have a notarization system based on a notary preparation fair certificate (executive authority) of real estate transaction contracts.

That is, there is no prior disclosure system for real estate registration, public confidence is not recognized in the registration system, and the registrar has only the right to formal examination, resulting in poor registration and real estate transaction accidents.

The solution is the introduction of a notarization compulsory system for real estate transaction contracts, which proposes to "utilize the practical value of the anti-notarization judicial function by introducing a system of mandatory preparation of a notary's fair certificate (executive authority) when entering into a real estate transaction contract.“ In the case of a foreign country, the notary public in Germany presides over the preparation of a certificate of fairness (Beurkundung) and the certification of signatures, handwriting, handwriting, and copies (Beglaubigung) in relation to notarization affairs.

In particular, marriage contracts, inheritance contracts, and real estate contracts must be notarized by a notary. In addition, Germany requires that the agreement on the transfer of ownership of real estate(Auflassung) be made in accordance with the registration procedures prescribed by Articles 20 and 29 of the Real Estate Registration Act(Grundbuchordnung), and that the registry shall go through the procedure of preparing a deed by a fair certificate.

In addition, the essential target document of the Apostille Convention is also a requirement of international notarization documents that must be notarized As the limitations and implications of this study, the trends of previous studies on the notarization system in Korea were examined and the necessity of the notarization system was reviewed. In other words, after examining the prior research on the notarization system of real estate transaction contracts in Korea, it was found that the