不動産公示制度에 있어서 登記와 地籍의 合理的 一元化 方案

부동산 공시에서 등기와 지적의 합리적 일원화 방안을 연구했다.

Real estate is one of the most important goods in our economy. Real estate has became the object of the most important right in the economic activities. Therefore, in real estate, a certain public notice is required to reflect the changes of the relationship of rights. If the contents of real estate change according to subjective intention of the individuals, it is because economic life will be in big turmoil. A real right with regard to real estate is legalized. A method of public notice for legalized real right is registration.

In addition, in registration, not only a real right but also real estate indication that symbolizes a real right exist and the data that become important basics to announce in public is land register, that is, a land ledger. The change of acquisition and loss of a real right with regard to real estate by a legal action is publicized in public notice by being recorded on a registry. Through this procedure, we protect a bona-fide third party and ultimately pursue safety of transactions in real estate transactions. In this thesis, I have studied on a public notice system of real estate.

In Korea, public notice system for land has developed in division of registration system and land register system. Registration system is a mean to realize the purpose of public notice in the administration of justice. In contrast, land register system is a public notice system of the status and matters of rights of estate for the tax administration and tax policy to collect taxes under the public law. Both systems are complete with a public notice of real estate in significant level. Not only a real estate registry but also land ledger are complete with computerization and are online to serve the people.

In the relation of public notices of both systems, public notice of a registry precedes in matters regarding a real right and public notice of land ledger precedes in matters of real estate. In case registry and land ledger do not coincide, real estate indication changes or modifies a registry based on land ledger and matters of rights change or modify land ledger based on a registry.

In Korea, as public notice of real estate is in dualistic systems of a registry and land register, national budget spendings are occurring in duplicate to maintain this and also as people have to issue a registry as well as land ledger for legal activities and therefore, it is also duplicate red tape formalities and expenses spent for this is enormous too.

The purpose of this research is to find and suggest a rational unification scheme of a public notice system of real estate that is appropriate in Korean reality by comparing and examining this registration system and land register system in concept and function, through the comparison and review with foreign laws and at this stage, a rational unification plan of a registry and land register can be suggested like the followings. Firstly, it is to establish a unification system of a registry and land ledger through computer network.

A registry and land ledger before the computerization were prepared in paper and a unification of registry and land ledger was unthinkable unless agencies in charge of registry and land ledger were merged.

By putting computer network of registry and land ledger into on line network (Currently, only a partial functions are connected), matters regarding changes of acquisition and loss of a real right in Gab section and Eul section of registry are processed in the Supreme Court by the application for registry as the current practice, regarding land register status, by granting authority to government servants in charge of land register to record the changes of land ledger in the title section of registry and ledgers with the completion of recording are closed and kept.

Secondly, every time when the unification of registry and land register was mentioned, the integration of registry agency and land register agency was consistently insisted. It was because the unification of registry and land register was impossible without the integration of the agencies in charge before computerization. Supreme court has developed registry system continuously and the Ministry of Government Affairs and Home Affairs has developed land register system continuously and now both of them have unrivaled professional knowledge and functions.

By maximizing the excellency of the two institutions, the Supreme Court shall still maintain control of registry of unified registry and land register like the current practice and like census registration works, the Supreme Court supervises the agency of land register. Thirdly, in implementing the unification of registry and land register, systemize and maintain various laws and regulations regarding registry system and land register system to conform to the ideology and purpose of a public notice system of real estate. A thesis for degree of Master in February 2007.