일본의 등기원인증명정보에 대한 현황과 그 고찰

The Consideration of Information and Situation on the Certificate Registration Cause in Japan

In the digital register of real estate in Japan, the certificate of registration cause will be able to contribute to enhance authenticity and publicity of the register. However, for the purpose of practical and effective utilization of the certificate of registration cause, it seems necessary to complement the institution to enhance authenticity of the certificate. It is likely a same situation in Korea. Since the Registration of Real Estate Act of Korea grants the registration officer only a formal right for review, there is a possibility that the registration will be inconsistently conducted against the truth. Moreover, there is no notarial act on the certificate of registration cause as an alternative. Nevertheless, as the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act has been established and regulates an obligation to report of real estate transaction from jan. 1, 2006, the transaction parties or the agent should report the mayor or head of Gun or Gu of the transaction through internet or visiting the autonomous government within 30 days after the contract, jointly or by the agent. In case of reporting through internet, the mayor or head of Gun or Gu confirms the contents of the report and the responsible public officer issues a confirmation and certificate for online report of real estate transaction contract that may substitute a seal of approval. In addition, if the transaction parties and the agent breach the obligation to report of the real price of real estate transaction (no report, delayed report or false report), a negligence fine with not more than 3 times of the acquisition tax will be charged upon the parties and the agent. However, when we will introduce any similar institution as like the certificate of registration cause in Japan, that type of procedure may be a temporary and practical measure to ensure the problem authenticity, but it will not be a complete legal measure. Therefore, our digital registration of real estate also needs a diverse range of institutional improvement for submission of the information on the certificate of registration cause. In other word, it is necessary for any instrument to recognize a right for the practical review. But, in case it is difficult to enforce it immediately, it would be considered to introduce Escrow system in USA, specifically Title Examine, Title Insurance, etc. Additionally, we are also required to consider the problems such as degree of contents on the information of the certificate of registration cause that is a problem in the certificate of registration cause in Japan, or proof on the disposition of right.