환지처분의 본질과 소유권 변동의 공시 — 환지등기실무를 중심으로 — = Disclosure of Changes in Ownership and the Nature of Disposition of Replotting — Focusing on the practice of registration of the replotted land —

환지처분에 따른 소유권 변동과 환지등기의 공시 방식을 분석했다.

Replotting disposition is a special form of constitutional expropriation. The land acquisition by a project operator by an expropriation decision is understood as the original acquisition (see Article 187 of the Civil Act), but the registration practice discloses changes in ownership by registering the transfer of ownership from the former landowner to the project operator, not by preservation registration.

In the disclosure of changes in ownership due to the disposal of the replotting, the nature of the replotting disposition does not appear to be logically related to whether to close the registration of the old land and organize a new register, or to change the registration of the old land as it is now. This is considered to be a policy decision in light of the purpose of the registration system, which reflects the characteristics of the project, to disclose ownership accurately and quickly. Although the urban development project creates square-shaped housing sites like the previous compartmentalization and rearrangement project, it is often used as a means of creating apartment houses.

The current registration rules, which are designed around rural improvement projects under the Agricultural Villages Development Act, aimed at organizing plots and building infrastructure, need improvement. It is necessary to devise a plan to change the registration method to close the registration record and establish a new register, just like the improvement project under the Act On The Improvement Of Urban Areas.