등기의 진정성 확보를 위한 입법론적 고찰

The Legal Review of the Assurance of Correctness in Real Estate Registration

1. CONTENTS (1) RESEARCH OBJECTIVES The register system aim at stability and speedness on transaction of the right relation. In order to accomplish the role of register system, above all, our law would recognize the public trust in the registeration. 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 will deal with the problems of a device of advanced public trust and improvement. (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. The scope of this study is confined to the real estate registration law. The foreign legislative examples on the register Notification are reserched. The French law and, German law and American law are analyzed relatively. (3) RESEARCH FINDINGS I check the problems of methods to guarantee authenticity of registry, for instance, authentication of registry instruments. I Investigated the problem of the Authentication of registry instruments and propose the recommendation of a means to vitalization of the Authentication record. 2. RESULTS When the deed of grounds for registration notarization system is adopted, the effect on the prevention of poor registration may not be high when compared to the additional social and economic costs that citizens have to sssume. Given all these. it may be possible to complement through the strenthening of the qualification agents self authentication procedure since an agent is in charge of applying for registration in most cases instead of merely relying on the adoption of deed of grounds for registration notarization system.