지적측량(地籍測量)의 법률적(法律的) 효력과 신뢰성

지적측량의 법률적 효력과 신뢰성을 검토했다.

Cadastral survey is a powerful exclusive administration act. which belongs to public law acts legally implemented by the state in relation to substantial facts under laws. Like other administrative acts in general, cadastral survey is also granted the powers of binding, justice, determination and coercion. Thus borders, coordinates or area sizes determined through the public power and cadastral survey by the state should be recognized as effective under both public and private laws as objects of real right based on which any object can be controlled directly. Any object cannot be considered exclusive as long as it is not discriminative.

Anything that does not exist in reality can never be given its own real right. For example, land has to be specified and independent to become an object having real right. Thus the existence of the real right of land is expressed both quantitatively and qualitatively only when it is purposedly partitioned and lined, even though not dividable physically, and then warranted as a legal specific object. Such quantitative and qualitative expression becomes the criterion of the existence of real right.

Public confidence in the system of the public notification of real rights is dependent on whether cadastral survey which clearly indicates the location, borders, coordinates and area size of land is legally guaranteed. Of course, the public notification system must be implemented under its applicable laws. However, land registers of this nation are losing public confidence due to technological, institutional and other problems. Currently indications about land are survey in terms of facts and then registered by the state, or the regulator of land registration.

As a matter of fact, however, land registers seem not legally securable as cadastral survey fails to receive public confidence, as noticed before, and as any faults in those registers are not treated by a certain indemnification system. Those indications specified in land registers could be warranted by applicable laws through a variety of preventive actions such as a mathematical registration of land borders as re-surveyed. As the basis of cadastral survey, land registers should be modified to meet future demands as well as present ones, ultimately recovering public confidence.

Finally, current dualistic system of the public notification of real rights should be unified to make possible profound examinations by the state using public power. removal of social non-confidence and arrangement of supplementary measures against any possible problems of the future.