不動産登記의 推定力에 對한 考察

A Study on the Presumptive Effect of Real Estate Registration

&nbsp;&nbsp;1. CONTENTS<BR>&nbsp;&nbsp;(1) RESEARCH OBJECTIVES<BR>&nbsp;&nbsp;In Korea, the validity of real estate registration on the operative law is authorized the effect of fluctuation of rights, conclusive effect of the precedence, and counteractive effect. On the theory of the interpretation it is the authorized presumptive effect. But it isn&quot;t authorized the public trust. Consequently it&quot;s the reality that can&quot;t protect the person who trusts the register. In the view of this reality, the legal significance about the presumptive effect of the validity of real estate registration is consider ably large. It is obvious the law relation would become very different according to the theory of the interpretation. Therefore this study has an purpose to search for the reasonable theory of the interpretation.<BR>&nbsp;&nbsp;(2) RESEARCH METHOD<BR>&nbsp;&nbsp;We choose literature research methods through various kinds of material domestic books and theses.<BR>&nbsp;&nbsp;(3) RESEARCH RESULTS<BR>&nbsp;&nbsp;Although the theory of the probability is the predominant opinion on the foundation of sanction of the presumptive effect, it is not right that the basis of the presumptive effect puts only on the probability. In the essence of the presumptive effect, there is a conflict bet ween the theory of the presumptive effect in law and the theory of the presumptive effect in actual fact. The former is more appropriate than the latter. There is an opposition between the opinion that the presumptive effect is the presumption of rights and the one that it is the presumption of fact. The former is proper. In the personal scope that the presumptive effect reaches, there is a view which the presumption effect is not authorized among the parties but it would be adequate that it is authorized among the parties.<BR>&nbsp;&nbsp;2. RESULTS<BR>&nbsp;&nbsp;The presumption effect must seek for the substantial grounds in the probability. the contents on the register can be coincided with the real right&quot;s relation. And the basis in the positive law must be the civil law article 200. And under our legislation which the public trust is not authorized, the presumption effect vests a favor status in a lawsuit to the person who trusts the register. It can contribute the security of the a real estate transaction. The presumption effect must be the presumptive effect in law.<BR>&nbsp;&nbsp;The presumption effect is the presumption of rights. Therefore a fact of originated cause of the such rights and existed agent&quot;s authority is presumed. And the presumption effect reaches the impleader as well as the parties of fluctuations of real rights.<BR>&nbsp;&nbsp;The rebuttal against the presumption is generally accomplished simply by proof of the fact that are not reconcilable with the substantive and procedural fact. And in case of &quot;Special Statutes of Registration Procedure&quot;, given the procedural characteristics and the legislative goals, in addition to the substantive and registration procedural fact, the scope of presumption encompasses every other fact needed for the recorded right.