不動産 登記의 改善方案에 관한 硏究

부동산 권리관계 공시를 위한 등기제도의 개선방안을 살펴봤다.

The real estate registration means that legal action taking and filing of certain right-relationship in regard to a real-estate onto an official file---called as a register, or certain right-relationship itself. And the registration has a function as means of public announcement regarding change in the real-estate right. It will acknowledge facts in regard to the reversion and content of a real right by third parties and required to make public announcement specified with certain emblem and habendum, thus, these requirement enabled to have such announcing way that is --- register in regard to real estate.

Available the system composed from both German and French system, the registration action is mandatory requirement in the change of a real right on a real estate and the register file is equal to that of German registaation system in the point of material-compilation-oriented system, without any real investigating right by registration official, and equal to French registration system in the point without any public confidence in the egister.

Current real-estate registration system led problems: firstly with insufficient practical regulation, secondly with binary source from both register and original file, for land, forest and house buildings, thirdly insufficient notarial system for the certificate of Cause (or reason), fourthly no public confidence existed in the register, therefore, hereby suggested an innovative policy in detail as follows.

Firstly: to unify a register and an original file into single source of the system, to intensify in the management of registration, to intensify the investigative right on the filed register by registration officials, to improve in the system of judical scrivener, to introduce notarial system in the Certificate of Cause (or Reason). Secondly: to computerize real estate office-work, and to promote and specialize the registration officials' qualification. Above innovation in the registration system will lead and assure to the ideals of accuracy and speed coincidently, and will bring the fruit of de facto public confidence in the real-estate register.