중국의 부동산 이중매매에 관한 고찰 = A Study on the Real Estate Dual Sales in China

다국어 초록 (Multilingual Abstract)

In China, the changes of in rem of real estate is not legally effective unless having reached an consensus on creditor`s right and finished the registration. There is time lapse between the buyer having signed the commodity buying-selling contract and the registration of the ownership of the real estate. To chase more profit, some real-estate developers sometimes sell a housing twice, or even more times regardless of the credit, which does harm to the buyers frequently. Real Right Law of the People`s Republic of China which entered into force on October 1st, 2007, stipulated the Dissidence registration system the first time. According to the existing rules and theories, the fact of “purchasers mere notice” of the subsequent purchaser will neither evoke the right of revocation, nor establish the third party`s tortuous intervention on the contract. The remedies for first purchaser in dual sales can be protected by the reasonable damage estimation methods, right of revoking fraudulent actions and tort liability.