공익사업 편입토지 등기이전 특례법 제정방안

공익사업 편입토지의 등기이전 특례법 제정 필요성과 토지 소유권 이전 문제를 다뤘다.

The modern land ownership system is started with the administrative order of land investigation by the bureau of land investigation of japanese Empire in 1912 between 1918. The lands which are forfeited by japanese empire are transferred to japanese through dong yang company at a low price. since Korea Independence from Japan, japanese Empire’s property right is finally transferred to korean government by U. S. Military Administration. At that time the person who loses his property right is not recompensed for his property loss.

A property right under public works is not clear because The registry offices about 59 were destroyed in the Korean War and compensation books were missed at flood before land registry had not been completed. moreover, the purchase of land act has violated the korean constitution and has been void. deposits for expropriation of land according to the purchase of land act is leaved as it was. If The Government should take a action for deposits, The Government should sue against a land owner for land acquisite. Is there no way to settle the matter out of court?

land that has not been transferred after compensation in the 1980s as mentioned above, referring to the fact that under the Special Measures for Real Estate Registration Act, a certificate of confirmation can be issued to the true owner and an application for registration can be made independently, registration transfer is allowed through this, and ownership becomes owned by the state and local governments. Although there are regional restrictions for individuals under the Special Measures for Real Estate Registration Act, registration is permitted through administrative procedures if true ownership is proven, regardless of whether a register is organized or not.

Although it is difficult to prove transaction relationships between individuals, a method of registration is allowed through the administrative procedure of issuing a confirmation certificate. There is a need to protect citizens' rights and achieve a litigation economy by having the state or local governments acquire ownership and preparing a plan to separately dispute citizens who raise objections to it in the future.