연구 요약
연구 요지 (AI)
부동산등기의 공신력 인정 방안을 연구했다.
초록
The real estate is a basic life ground in our human life and comes to a important position in the property right for nation or people. In establishing the mortgage right or gain the owner right of real estate in accordance with a active transaction upon that business, it is necessary to check whether the real estate is truly registered or not. In order to act with accuracy every things about real estate in the generally known knowledgement and to protect a private property right and prompt the security of real estate, as a advertisement system, there is a register system. Our register system is to recognized the t겨stable power but not to be done so.
Because of that reason, one who bought a real estate under a true belief which is registered upon register book or forfeited its owner right upon register book due to some error, can not be protect under a legal legislature. The reason not recognized the trustable power is scarecely needed toc ontrol under a social and economic circumstances, at time of constitution. Also due to recognization of trustful power, some true owners may be occured a unexpectful loss. By present, society is complicated and transaction of estate property is active just like stock. For accident occured with a active transaction come to a anxious atmosphere and growing in a untrustful register book.
To prevent from this danger, it must be recognized that register book on public belief and needed to protect true transactors from the false register book. In example of foreign country, every one recognize the public belief on registering real estate and exerts their utmost to help a safe private estate property. The more real estate is transacted actively, security and trust of transaction made in real estate are to hence up. So demand for public belief in registering the legal private property is increasing further more under this situation. In order to recognize the property registration, it is necessary of the following policy.
As a preventive arrangement, to prevent untrue registration, it is recognized register official clerk to investigate and promote its affair. Secondly, it need provide a independent organization just like register office and then majored this field. On third, all register books are arranged and procedure to register is taken deliberately and provided a hght analysis system. With fmal measurement, at first the nation takes reponsibility of compensation and of course, when official clerk takes wrong register, it is also directly compensated.
On second, in case of foreign country, it need establish a new system to accumulate the compensation system compensated forth damaged and a ensurence system fbr damaged. As mentioned foregoingly, it is provided a detailed measurement for accident to be happened afterwards and for preventive policy. Recognized the public belief of real estate registration, Private properties are protected and their transactions have no trouble to register. So that all real estate is safely registered with a legal procedure by a register official clerk, it is demanded urgently to provide a new system.
발행 정보
1983. 檀國大學校 국내석사 학위논문