중간생략등기에 관한 고찰

부동산 거래에서 중간생략등기의 법적 쟁점을 고찰했다.

Junggansaenglyakdeunggi is the registration that is omitted a part of the registration in the formalities of registration. For example, in case A dealt in his real estate to B, and B dealt in this real estate to C, C registered that C bought it from A, We call this registration A - C Junggansaenglyakdeunggi. Junggansaenglyakdeunggi has come into existence for the sake of the benefit of the concerned person (shortening of the cumbersome processes of the registration law, saving the taxes etc).

Junggansaenglyakdeunggi should be invalid from the viewpoint of the ideal of the registration law that all process of the right alteration should be registered, but in a practical view, it should be validated because of it's being practised broadly and customarily. So, it is important that we should rather investigate the basis of Junggansaenglyakdaunggi than make clear that Junggansacnglyakdeunggi is valid or not. I have an eye on practising of Junggansaenglyakdeunggi broadly and customarily, I seek after the basis of Junggansaenglyakdeunggi in the customary law.

It is different between the problem of the validity of having been done Junggansaenglyakdeunggi and the problem of the demand of Junggansaenglyakdeunggi. Though the demand of Junggansaenglyakdeunggi should be denied in view of the ideal of the law, it is right that we should acknowledge the demand of Junggansaenglyakdeunggi under the condition of intermediate person's consent because of the practising of Junggansaenglyakdeunggi and the subrogating of the demanding right of the registration.

From the viewpoint of the actual affairs of the rcgistration, we should make an effort to show the intermediate person on the registerbook, because it promote the negative side of Junggansaenglyakdeunggi that Junggansaenglyakdeunggi gives difficulty cf finding the sources of taxes on account of unshowing the intermediate person on the registerbook, and as a method, it is right that we should make an effort to show the all intermediate cause of the registration on the registeredbook.