부실등기방지를 위한 입법론적 고찰

A Study on the Preventation for the Unsubstantial Registration

1. CONTENTS (1) RESEARCH OBJECTIVES Since our civil law does not recognize any public trust to the registration of real estate right, the person who placed confidence in the registration and transacted the real estate falls a victim to unexpected loss. Under situation, this study aimed at finding a scheme necessary for real estate transactional safty. (2) RESEARCH METHOD Every issue was studied and analyzed through referring to the relevant documents about the civil law and the real estate registration law, recent precedents by the Constitutional Court and the Supreme Court. (3) RESEARCH RESULTS It is desirable that the our law would recognize the public trust in the registration, but it seems difficult to come into operate immediately because it demands the various complementary methods. 2. RESULTS In order to guarantee the interests of the rightful person as the substantial right, the third systems are considered. The first is the unification of the register book and a register, the second is the introduction of notarization of the registration, the third is the right of investigation of a registration public official.