不動産登記의 推定力

부동산등기의 추정력이 현행 민법상 인정되는지와 그 법적 성격을 검토했다.

Differently from BGB(the German Civil Code) or ZGB(the Civil Code of Switzerland), The Korean Civil Code has no provision that provides the Effect of Presumption of the Land Registration. And yet, there is no such opinion that the Effect of Presumption of the Land Registration could not be approved under the present Korean Civil Code. The question is what the nature of the Effect of Presumption of the Land Registration is. There is some dissent on this issue, but it is difficult to see as a presumption of law the Effect of Presumption of the Land Registration under the present Korean Civil Code that has no provision on this issue.

The nature of the Effect of Presumption of the Land Registration is a mere presumption of fact that the presumed fact will be taken as proved unless the opponent adduces some evidence to rebut the presumption. The Korean Supreme Court approved the superior effect of presumption to the Land Registration by the Special Measures Law on Land Registration of Real Estate because this Registration has much higher probability of truth than the general Registration. But as a matter of fact, the probability of truth of the Land Registration by the Special Measures Law on Land Registration of Real Estate is not higher than the probability of truth of the general Registration.

Thus, the case law of the position of the Korean Supreme Court should be discarded.