登記의 推定力과 公信力

부동산등기의 추정력과 공신력 및 거래 안전을 연구했다.

In recent years, the respect relating to the exchanging value of real estates has been gradually considered as an important factor, while there have been the buying quantities of these real estates more than 6 million cases for each year. Also, because their buying case continues to be increased, it's required to carefully consider the public confidence, and to sufficiently improve the regulation necessary to prevent both damages of the person with true right and delay of registration procedure which are the problem of the public reliability. Meanwhile, there is no expressed regulation about public reliability on real estate registration In Korea.

But generally agreed theory and judicial practices say that public reliability is not recognized. However if the public reliability of registration is not recognized, it would be prohibited the credibility of the public reliability of registration in the process of the rapid real estate transactions which are the general tendency of modern society. Therefore, In this thesis I tried to point out the reasons why the public reliability should be recognized through the study of real estate registration, a legal treatment of it, the example of a foreign legislation and a system to protect people who trust it.

Through a comment on insistence that recognition on public reliability is too early at the moment, I insisted that there should be public reliability, and showed some contents of it and rearrangement of legal procedures required for it in case that public reliability were recognized. So The first, it is advisable to give the verification right to the registration public officials in a sense that they are responsible to keep recording the credible registry.

The second, since the preventive measures and the compensation system for the real estate transaction accident are appropriate, it is advisable, as an intermediate steps, to introduce title insurance system which must be modified to take effect in the korean real estate environment. It is noticeable for the First America Title Insurance company(FATIC) to introduce the title insurance in korea real estate market in February 2001 successfully. The third, the register compulsion is necessary in meaning that national all real estates should be up-to-date to the register.

Re-survey of all parcel in the nation and the construction of land information system are also required to improve the credibility of the registration. In the process of building the land information system, it is necessary to provide the verification right to the registration public officials. The fourth, the register book, the land register and other public document related to land should be integrated in the long run. This issue should be dealt with respect to the convenience of people's dairy life, not the authority' territory struggle the integration of the registry and other land record may bring various effect in many other field in the country.

The investment associated with building information infrastructure in real estate may be a important project for the country and people's bright future. Finally, in the conclusion of this thesis, the problems faced with our present real estates registration system were discussed; present situation of the real estate and discord with the registration and the substantial relationship on the right change, distrust of the public confidence, cooperative application system when registered, deficiency of substantial law regulations on the registration. therefore, its improving method was suggested.

Also the thesis is concluded that the real estate registration system, announcing the real right relations for the real estate which is said to the point of our property right would be continued to its administrative study and systematic study for the rapid developed social circumstances by considering the fact that the system has been excluded from the study due to that is only a simple procedure so far.