영국의 부동산등기절차

영국의 부동산등기 절차와 제도의 목적을 살펴봤다.

Registration of title is a market-supporting mechanism operated as a government program. The system is overwhelmingly administrative in operation with economic objects, namely, to improve security of title and to facilitate the transfer of interests in land. A title to land is secure if it is at no risk, or no significant risk, of being found to be defective or subordinate to another interest.<BR> The aim of this paper is to provide a foundation for a law reform project to overcome problems in Korean land registration. I assume that the English legislative innovation in 2002 is of great relevance to Korean law reformers.

Although English lawyers usually do not apply the term "Torrens system" to their own systems, the Land Registration Act 2002 (UK) is a fine example of the Torrens system. In the English system it is the title itself, and not just the documentary evidence of title, that is registered. The title is authoritatively established by the government"s warranty that the person named in the register is the owner of the interest specified, subject only to stated encumbrances and qualifications.