不動産 物權變動과 登記의 相互關係에 관한 硏究

부동산 물권변동과 등기의 상호관계 및 부실등기 문제를 연구했다.

A quarter century has passed since the theoretical of the Korean Civil Code was switched from intentional ism to formalism. However, It seems to be of irregularities in the registration process under the current Civil Code because of the traditional convention. This paper deals with the following four items in relation with the legal theory of irregular registration, Which is applied on the transfer of property rights of real estate, specifi cally with article 186 of Civil Code. First, This paper investigates the basic legal principles of the transfer of the property right of real estates.

For it is neccessary to clarify the basic principles on the transfer of the property right specified in Article 186 of Civil code as a process of establishing a legal theory on transfer of property right of real estate. Second, the registry system is also examined, since the transfer of the property right of the real estate is not legally established until it is registered in the registy office. And the registration should be substantiated with concrete documents cleary showing the ownership of the propety right. Nevertheless, our registry system have problems which is practiced the irregulary registration.

Consequently, it seems to be plausible to look into a preventive measures of irregulary registration. Third, this paper investigates patterns of the irregulary registration following the transfer of proper right, through the legal theory which is related the case law and doctrine. Consequently, it seems to be plausible to look into such problems as notarization of documents required in registration, system to certify individual seals, discretionary power of registy clerk on documents, and causes of irregularities in the registration process under the current Civil Code.

The current study leads us to the conclusion that there are several reform measures to require the notarization on the registr y documents, to unify different registers and different registers forms, to expand the discretionary power of registry clerk in deciding the acceptability of registy documents.