부동산등기신청에 대한 등기관의 주의의무

Obligations of a Registrar at the time of Real Estate Registration Application

The Right of the registrar concerning investigation about real estate registration is divided into formal and substantial. The formal right is related to the investigation whether the application of real estate registration is lawful in registration s process. But the substantial right is connected with the investigation about the substantial effect including the reasons of registration application. The Real Estate Registration Law in Korea provides the formal right concerning registration in principle. It is important problems in this right how to do according to investigation. The paper, which has the commentary on a case (2003Da13038), provides the investigation about documents and attendance and shows the responsibility of registrar if he makes a mistake about this investigation. According to this case the registrar can investigate only the authenticity of the submitted documents. There is also room for doubt that the submitted documents is truthful. For the authenticity of the submitted documents the formal investigation right of the registrar should be more strengthened. In addition, through the public trust of real estate registration the parties and the third parties suffer no damages. Under the current law systems and concerned administration systems we need to minimize damage and the unreliable real estate registration. For this realization the right of the registrar need to be strengthened more.