중복등기의 효력과 등기부취득시효

부동산 중복등기의 효력과 등기부취득시효를 분석했다.

Duplicated registration refers to the case when an identica1 rea1 estate was registered more than twice. It should not take place, but in reality there are many duplicated registration of rea1 estate as far as a real estate is concerned and a plenty of case law to deal with it. It is high1y debated among scholars which registration out of duplicated ones is valid and change of the precedent is witnessed. The current Korean Supreme Court takes on the so-called, ``procedural eclecticism,`` which means that the latter registration is invalid unless the former is not originally void.

This approach is based on principle of one registration form per one rea1 estate pursuant to section 15 of Registration of Rea1 Estate Act. However, the principle mere1y means that additiona1 registration can not be carried out if one registration form was fi1led out for one rea1 estate. As a result when the registration sheet was filled out twice for one rea1 estate, we do not need to infer that the 1atter registration becomes invalid unless the former is void. What is most important in determining the validity of the duplicated registration is to comply with ``substantive law`` approach, which argues that the only registration identica1 to substantive 1egal re1ationship is valid.

As far as acquisitive prescription by register is concerned, the Court he1d that invalid, duplicated registration can be its subject-matter because it is limited to the registration which does not violate the principle of one registration form per one real estate. But the Court`s view is problematic. It is desirable for us to, in principle, interprete that the duplicated registration is subject to acquisitive prescription by register.