집합건물의 구분소유와 공시문제

The the Public Notification Matters on the Partitioned Ownership and Restricted Real Rights of Aggregate Buildings

The registration system as a public notification system of real rights over immovables is a legal system whereby the current real estate owners are made public. The ideal pursued by the registration system is the precision of rights alteration, which in turn is the source of its problem. I think that public notification system of real rights over immovables in Korea is not a traditional system which has evolved along with a long history in korea but is a modern social system that is being newly developed along with the adoption of modern law, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. In particular, under our legal system where any change of real right requires strict conditions for registration, it seems to be an almost consensus to attach public reliability to registration if conditions are mature, in consideration of the ideal aspect that safety of the real estate transactions should be ensured by announcement of the state of true rights.