중간생략등기의 효력에 관한 고찰

A Study on the Registration without Intermediate-Registration

On the trans of property of real estate right, the registration, omitting the middle means what transferring registration directly from the first transferrer to the last grantee though passing it from the first transferor to the middle acquisitor and transferring it from the middle acquisitor to the last grantee. As omission the registration, omitting the middle, it can save the time and money required for the registration. They practice omitting the middle registration in easing a tax burden such as registration fee, acquisition tax, capital gains tax and so on and fee burden paid to the registered agent though acquiring the real estate substantially without registration of ownership transfer. What this kind of the practice continues is because people’s legal consciousness about the registration, omitting the middle doesn’t change largely. Additionally, what the simplification the procedure of registration of actual alteration of a right is one of the reasons why the registration, omitting the middle. And it results from the current legislation that only presumes the formal reviewing authority about application form for registration to the registration official. This discussion surrounding the registration, omitting the middle can be arranged in two issues basically. One is the arraign of the effectiveness the registration, omitting the middle and the other is the arraign of the registration, omitting the middle of claims. In the registration, omitting the middle, though there is the illegal problems of procedure, the last grantee’s acquisition of ownership is not based on the unjust cause. In this way, the registration, omitting the middle is unjustified legally. But if there is an agreement among the first seller, the middle and the last purchaser about the registration, omitting the middle, it should be admitted the registration, omitting the middle of claims to the last purchaser. And it is desired that the expired the registration, omitting the middle has the effectiveness.