부동산등기의 추정력 - 특별조치법에 의한 등기추정력을 중심으로 -

특별조치법에 따른 부동산등기의 추정력과 그 법적 효과를 검토했다.

The public trust effect and presumptive effect of registration play a role in protecting the moving safety of transactions by granting trust as a substantive right as stated in the registration. However, public trust effect plays a role in protecting good faith acquirers from a person without rights, but presumptive power(effect) works as a means of proof the acquisition of valid rights in civil procedure. In the case of Korea, there is no reason to intentionally weaken the presumptive effect of registration when public trust effect is not given to registration.

It has been more than 100 years since the registration system was introduced, formalism has been adopted in real rights changes to maintain the strictness of the changes in real rights, and although it has not given registered officials the right to examine, it should not be overlooked that the actual examination is being conducted due to procedural strictness. There is no reason to weaken the role of registration at the present time when registration has been established for a long time and there is a widespread atmosphere to recognize public trust effect.

Since the presumptive effect of registration acts as a means of proof the acquisition of valid rights from the right holder in civil procedure, the overturn of the presumption of the outcome of the lawsuit is nature from the beginning. Therefore, even if the registered holder is registered, the registration will be destroyed if it is proved to be contrary to the fact that it is still incomplete as a substantive right.

However, in civil procedure, if the burden of proof is imposed on the registered holder or the same legal status as the other party is given, disputes are bound to be repeated continuously depending on the actual instability of the registration, and there is a risk of causing a national distrust society.