不動産 公示制度의 一元化 方案에 관한 硏究 = A Study on Simplification of the Efficient Management Method of Real Estate Records

국문 초록 (Abstract)

영문초록: The real rights are the exclusive rights. Therefore, it is necessary to recognize the existence of right by the third party with a special method or system. It is the system of real estate registration that mankind has devised as the method of public notification like that. Nevertheless, current the state of real estate as the subject of right actually depends on the entry alone in cadaster, forest land ledger and house ledger. Generally the public notification system of real estate means two kinds of part. One is a sort of registers such as cadaster, forest land ledger and house ledger which represent physical and tangible part, and the other is the system of registration which represent intangible part such as propriety right and the changing relation of right. Proceeding to the high level of industrial society, however, current society shows variety of changes in which government notifies on real estate is connected not only with legal and factual relations, but also with all of regulative laws. These changes are thought to be the result from legislative measures for harmonizing the protection of privative property right with the promotion of social welfare which radically becomes influential in contemporary state. These are some problems in the system of the real estate management in the case that government notifies in public ledger to the same real estate is substantially inconsistent with its present condition, since government notifies to the same real estate is restricted by the different competent authorities as well as by the law enacted by different aims of legislation. This thesis has two main objectives. First, it provides the problems of the cadaster and the register due to application forms respectively. Second, this thesis reviews response on solving the problems as a simplification. In the first chapter, the purpose scope and context of study are presented. In the second chapter, as a theoretical foundation for devising remedies of public notification system of real estate, I examine the legal characters of real estate registration system and land registration system. In the third chapter, a view of comparative law, I investigate real estate registration system and land registration system having commonness in publishing the same object of land to prepare theoretical foundation for finding out reform measure in the public notification system of real estate in Korea. In the fourth and fifth chapter, through examining both of real estate notification system in various public laws on land, I try to find a rational solution to the problem in notification system. In the sixth chapter, I present some plans for improvement on problems in the real estate notification system on the basis of the above consideration. Some plans for improvement of real estate notification system are simplification of the cadaster and the register. That is to be summarized as the following points.to grasp clearly the present state of real estate notification through appending cadaster, house register and forest land to the title of existing register book. In the seventh chapter, I conclude again with summary