｢부동산 실권리자명의 등기에 관한 법률｣에 관한 검토

부동산 실권리자명의 등기법의 내용과 쟁점을 검토했다.

｢Act on the Registration of Real Estate under Actual Titleholder’s Name｣ is “trustee actually transferring the registration title of one’s ownership to the fiduciary that does not have substantive transactional relationship in the form of trading by the bond contract concerning trust of the concerning party” concerning title trust of real estate. Real estate title trust is “in the case of internal relations, the trustee owns the property, manages it, makes profit from it while setting only the title ownership of the property as fiduciary and in the case of external relations, the ownership of the property is transfered to the fiduciary”.

According to the “Real Estate Real Owner s Name Act”, the concept of relational division or relative ownership of real estate title related to real estate title trust is acknowledged, but it is stated that it is contrary to the legal nature of the ownership in our civil law as well as against the principle of one right on one thing.

This article examines the legislative contents of the Act more than 20 years after the ｢Act on the Registration of Real Estate under Actual Titleholder’s Name｣ was enacted and has the main focus on providing legislative alternatives to the content with problems targeted to the title ownership that bans ｢Act on the Registration of Real Estate under Actual Titleholder’s Name｣.