The purpose of this study is to propose an institutional plan for introducing a guarantee system for the officially registered land area shown in the land cadastre, forest land cadastre, or real estate register at the time of land transaction. To this...
The purpose of this study is to propose an institutional plan for introducing a guarantee system for the officially registered land area shown in the land cadastre, forest land cadastre, or real estate register at the time of land transaction. To this end, this study employed literature review, legal and institutional analysis, and survey research. The literature review examined the meaning of land transactions and officially registered land area, the land area registration system, the structural causes of area discrepancies, the limitations of the current legal system, and comparable guarantee institutions. The survey was conducted among land transaction parties or those with transaction experience, licensed real estate agents, legal professionals, cadastral surveying experts, and guarantee or insurance professionals. The analysis focused on trust in officially registered land area, perception of land area risk, problems of the current system, and the necessity and acceptability of introducing a land area guarantee system. This translation is based on the attached Korean summary file.
The empirical analysis showed that respondents recognized officially registered land area as important reference information in land transactions. The overall mean score for trust in officially registered land area was 4.01. In particular, respondents strongly perceived that officially registered land area affects identification of the transaction object and determination of the purchase price. However, the perceived reliability of the registered area itself was relatively lower, while awareness that it may not always correspond to the actually used area was high. This indicates that officially registered land area functions as a basis of transactional trust, while also containing the risk of area discrepancy.
Respondents also strongly recognized the limitations of the current system. They considered that it is practically difficult to guarantee cadastral survey results themselves at the ordinary transaction stage, and that the licensed real estate agent’s duty of confirmation and explanation should be distinguished from an area guarantee. They also perceived the need for a separate system to protect transactional trust in officially registered land area. Regarding responsibility for area discrepancies, many respondents answered that responsibility should be determined on a case-by-case basis or that risks should be distributed through a separate guarantee system, rather than assigning responsibility uniformly to a specific party. This suggests that land area discrepancies cannot be reduced to the sole responsibility of the seller, buyer, licensed real estate agent, cadastral surveyor, or competent cadastral authority.
The necessity and acceptability of a land area guarantee system were relatively high. The overall mean score for necessity and acceptability was 4.15, and positive and conditional intentions to subscribe to or use the system together accounted for 88.7%. However, actual use was found to depend on the reliability of the guarantee institution, clarity of guarantee accident recognition criteria, compensation limits, and guarantee fee level.
Based on these findings, this study proposed directions for designing a land area guarantee system. The object of guarantee should be limited not to cadastral boundaries or cadastral survey results, but to the officially registered land area value at the time of transaction. The guarantee procedure should combine prior area verification with ex post loss compensation. In principle, the guarantee target should be the officially registered area value of each parcel. However, parcels with cadastral nonconformity, boundary disputes, ongoing cadastral resurvey, or unclear past survey records should be excluded or subject to restrictions, in order to reasonably limit the responsibility of the guarantee institution and secure the financial stability of the system.
As for the guarantee institution, the role of the Korea Land and Geospatial Informatix Corporation, or LX, may be considered, particularly in prior verification and guarantee review, given its expertise in cadastral records, cadastral maps, survey history, and spatial information. However, LX should not be understood as guaranteeing cadastral boundaries or survey results without limitation. The guarantee procedure may be organized in the following order: application for guarantee, receipt of application, prior area verification, decision on guarantee eligibility, and issuance of either a guarantee certificate or a factual confirmation certificate. A guarantee accident should be limited to cases where a significant discrepancy between the officially registered area and the actually confirmed area is established through an objective procedure and such discrepancy causes economic loss.
In conclusion, the land area guarantee system is a limited and supplementary system designed to protect transactional trust in officially registered land area and to mitigate economic losses and post-transaction disputes caused by area discrepancies. This system is distinct from a cadastral boundary determination system, a guarantee system for cadastral survey results, and title insurance. If the guarantee target, scope of application, guarantee accident, compensation range, exemptions, cost burden, institutional roles, and limits of legal responsibility are clearly established, a land area guarantee system can serve as a practical institutional alternative for enhancing the safety of land transactions and preventing post-transaction disputes arising from land area discrepancies.