不動産 物權變動에 관한 硏究 : 不動産登記特別組置法을 中心으로

부동산 물권변동과 부동산등기특별조치법의 쟁점을 검토했다.

It is thought that it is desirable to commit to legal property the use of the land on the basis of the idea that the balanced develpment of the territoy should be made by preventing it from becoming the object of speculation, by, making reasonable use of the land, and by bringing about a proper trasaction of the land. In this repect, it is positively acceptable that the premission system of is legal, but in the opinion that the pesonal charcter, to begin with, the permission systom of the land is found reasonable under the proection of the privat property and of the uninterferred personal freedeom. Now, let us see how far the aim will be attained through the extra law.

The extra law will have a great effect on the real estate market because it has the extrnsive will more than a mere threat or proclamtion. 1) The present transaction of the real etate is likely to be lessened for the only difference in the transaciton. 2) In the point of the real estate business, it is likely that the real setate transaciton will disappear for the differnece of the transacition in the I mountain, the farm and the neaby field planed for the develpoment. On the other hand, from no on the real estate of leisure like the codominum, the commercial building and the office building will form the main stream of the rela estate market.

3) In the area of transaction premission, the tramasction of the real estate for speculation will be impossible because the procedures can be passed in any account. 4) The reqirement system of registration will have an effect on the control of the real estate speculation but it is invoveninment for the most people uncorned with the estate speculation because in every trasiciton of the house they have to submit to the registry office. However, for the fair and healthy transaction order of the rael estate the people should be tolerable of inconveniece.