As real right over immovable has an absolute effect from its nature and it can be set up against a third person, a public record, registration is prepared and used for the safety and promptness of transaction which we aims at, by making a public noti...
As real right over immovable has an absolute effect from its nature and it can be set up against a third person, a public record, registration is prepared and used for the safety and promptness of transaction which we aims at, by making a public notice of legal relation on it. As the registration system in Korea grants public notice effect, but doesn't grant public trust effect and also it adopts formal review system, there are possibilities of incorrect registration. It means that the person who trusts the details officially notified by a registration and transacts is not protected. In other words, it means that dynamic safety is not protected.
At early stage, the real estate registration in Korea was proceeded in a manual process and so it had the limitation to grant public trust. However, due to the streams of times and the change of social environment, the awareness that it is necessary to protect a third person acting in good faith by granting public trust in current real estate registration which has imperfections of various types institutionally is growing. It means the measure which protects static safety(protecting a person privileged to registration) with dynamic safety(protecting a third person who trusts in registration and transacts), that is, it is to keep in check an incorrect registration and grant public trust. Therefore, the reviews on various systems are being done in a market.
The Owner's Title Insurance which was already introduced to the country is a private system among these systems. As Title Insurance keeps the current registration system and protects a third person acting in good faith who trusts in registration and transacts, the effect on granting public trust occurs.
Consequentially, it is to protect dynamic safety together with static safety. If a product which covers only 'the authenticity of the principal and the facts of sales' (so called, 'registration insurance') among various coverage area of Title Insurance is developed and insured obligatorily, the effect on granting public trust occurs. Also, if it is managed as an integrated system such as Car Insurance or Indemnity Health Insurance for actual medical expense, dual transactions and dual registrations can be augmentatively blocked. Therefore, it is judged as the measure to minimize national cost and social confusion and show maximum effect with keeping the current legal system(not granting public trust).