부동산등기의 신뢰에 대한 사후적 구제방안 연구 = A study on post-mortem relief measures for trust in real estate registration

다국어 초록 (Multilingual Abstract)

Our civil law adopts the principle of public notice by stipulating that the acquisition or loss of real rights resulting from a legal act concerning real estate shall be effective only when registered. The method of realizing the principle of public notice is divided into two legislative examples including the principle of establishment and counter-requirement. Civi law has adopted an awkward legislative principle that does not recognize the credibility of registration while following the establishment requirement principle. This situation has caused controversy. Based on this background, this study aims to analyze the problems related to the reliability of real estate registration and to seek ex post facto remedies by focusing on academic theories and case law etc. Recognizing the credibility of registration may be effective in fundamentally resolving such problems, but as a prerequisite, institutional improvement and social consensus are necessary to secure the authenticity of registration. Thus, short-term and effective post-relief measures should be prepared including the introduction of a loss remedy system, title insurance system, and the expansion of the scope of compensation liability of professional licensed attorneys.