登記請求權에 關한 硏究 = A Study on the Registration Claim

다국어 초록 (Multilingual Abstract)

1. Registration claim is a right that a person who has a right to register can demand the cooperation for registration should be transferred.
If the opposite person does not cooperate about the claim of registration, the transfer of rights in immovables does not happen.
As the person who has a right to register can not get a real right without registration, he can institute a lawsuit against the person by whose name the registration should be transferred.
In dealing with such a case, court should give a decision the person by whose name the registration should be transferred to cooperate about the registration transfer legally.
The person who has registration claim can apply for transfer of registration by the decision of court independently.
The person who has a registration claim does not get a real right until his name registered on the register as rightful person.
This is the spirit of the Civil law in korea, people often make troubles about registration claim. Registration itself is an important element in the transfer of rights in immovables.
2. The problem about the registration claim does not matter as a regulation, but it is important in theory and a judical precedent.
The registration claim is called a claim of credit in legal nature by judicial precedent, and it is divided into two kinds of theory as well.
One is called a claim of real right, and the other a claim of credit. It would be more reasonable to explain about the claim of registration on the ground of two kinds of theory.
In transferring of right in immovables caused by a legal act, we can call the registration claim a claim of credit, and when substantial relation and registration does not accord each others, we call it a claim of real right.
According to legal regulation, registration is a basic element in transfer of right in immovables.
If we do not register for our real estate, we can not get a real right about our real property. A lot of people do not recognize the importance of registration in dealing in real estate, there are still some cases that some people buy and sell real property regardless of registration. The problem happens whether the person who bought real estate without registration can apply for registration afterwards.
3. We can really experience such many cases in dealing in real estate in our society.
Such cases are invalid by legal regulation, however in case of getting the opposite’s appoval, they are regarded as valid by a leading case.
At the same time such cases are also recognized as valid by legal theory. I agree with such a point of view. We should make laws to prevent unregistration so that such cases might not happen systematically.
We ought to have a system that they can be recognized as valid legally, and it is to be desired that we interpret as valid in reality as well.

목차 (Table of Contents)

• Summary
• Ⅰ. 序 設
• Ⅱ. 登記請求權의 意義
• 1. 登記請求權과 登記申請權
• 2. 單獨申請主義를 취하는 立法例
• 3. 共同申請主義를 취하는 立法例
• Ⅲ. 登記請求權의 發生原因과 性質
• 1. 法律行爲로 因한 不動産物權變動의 경우
• 2. 實體關係와 登記가 一致하지 아니하는 경우
• 3. 取得時效의 경우
• 4. 不動産賃借權의 경우
• 5. 不動産還買權의 경우
• Ⅳ. 中間省略登記와 登記請求權
• 1. 中間省略登記의 意義와 發生理由
• 2. 中間省略登記의 有效性과 그 根據
• 3. 中間省略登記의 登記請求權
• Ⅴ. 結 論
• 參考文獻