부동산거래안전의 제도적방안에 관한 연구

다국어 초록 (Multilingual Abstract)

This study is purported to introduce a systematic preparation for safe deal of the real estates. The real estate is such freely dealt with as the other goods, though, in consideration of its public influence and stable deal order, not only there are various regulations over it but also, the deal itself shows quite a different feature from those of other goods. That is, after all, the real estate deal is announced and validated by a registration. However, the civil law lacks a measure for a protection to cover when a deal has been nullified or cancelled since it has no public confidence over the real estate registration, and there is no specialist, whether an individual or an organization, who can explain the rights and responsibilities and creditability . over the deal. And those factors have continuously allowed misfortunes in the real estate deals. This study has been carried out
1. As a premise to appreciate the registration public reliability of the law of Real Estate Registration the study has again been concentrated into a precautionary and a post-preparatory measures to stand against the problems of the existing code.
2. By asserting to introduce the Title Analysis and title insurance System of U.S.A, I intended to so temporarily induce as to meet our reality, a system in which the rights and responsibilities can easily be clarified and a compensation can be made through an insurance policy when a loss occurs in the deal.
3. I closely observed problems which can cause a misfortune in the , real estate deal, and intended to prevent any possible disaster which can take place in the mediation of the deal.
To put them in the concrete, the categories can be explained as follows;
The chapter one has been intended to survey the purpose and scope of this report, In the chapter two, I tried to fInd the meaning feature and evidence of protection in the real estate deal as a general concept, and observed on what the trend is in the real right changes in Korea, and finally, analysed the weak and strong points of the civil code which is in formalism. In the third chapter, I explained the concept of the real estate deal misfortune in the light of the legal meaning, classified the deal disasters by the concept and observed the result which is made by such a deal misfortune. Also, since the deal misfortunes have been explained thier concepts in the legal points, I linked the factors which can cause such deal disasters to the article 18o of th'e civll code, and watched the problems found in the linkage. In the real right activity and the real right activity and rigistra-tion in the real right change in the civil code, and the fact that there is no public credibility in the registration of the real estate. Finally, I chose and listed 5 examples of the real estate disasters.
In the forth chapter, I explained followings as a systematic preparation for stable deal of the real estate:
1. As a means to grant a credibility to the registratlon of the real estate, it is strongly required as a precau-tionany measure to make the register coincided with the ledger, to complete the map and the ledger of the land and the housing for the land register system, and to amplify the evaluation right of the registration clerk. And as a post preparatory measure, an objection applica-tion system against the registration clerk's decision, and the compensation responsibility of the government will have to be re-emphasized.
2. I suggested by insisting introduction of the title analysis and title insurance system, that a system in which the rights and responsibilities of the real estate can be explained and a compensation can be made in case of outbreak of loss. First, I studied the meanings, contents and procedures of the system which the U.S.A. adopts to confirm explain and investigate the right and responsibility, and upon the result of the study, I tried to find the responsibilities of the title analyser when a deal disaster occurred and, I again described on the method of the contract between the requestee and the title insurance company who compensates in case of a loss, and the responsibilities.
3. I insisted to amplify the confirmation and explanation procedures which are in accordance with the article 17, as an improvement in the law of real estate agent, and induced the real estate agent to temporarily take the role of the title analyser that were mentioned in the foregoing. The next was followed by an assertion over a need to enlarge the listed provisions in the article 17, and subsequent quality improvement of the agent.

목차 (Table of Contents)

• 目次 = ⅰ
• I. 序論 = 1
• A. 硏究의 目的 = 1
• B. 硏究의 範圍 및 方法 = 2
• II. 不動産去來와 安全性 = 4
• A. 不動産去來의 意義와 特性 = 4
• 1. 不動産去來의 意義 = 4
• 2. 不動産去來의 特性 = 5
• B. 不動産去來의 安全性 = 10
• l. 去來安全性의 根據 = 10
• 2. 不動産物權變動에 대한 民法의 態度 = 12
• 第3章 不動産去來行爲의 瑕疵와 去來事故 = 16
• A. 不動産去來事故의 槪念 = 16
• 1. 不動産 去來事故의 意義 = 16
• 2. 不動産 去來事故의 類型 = 16
• 3. 不動産 去來事故가 社會에 미치는 영향 = 19
• B. 民法 第l86條와 관련된 問題點 = 21
• 1. 不動産物權變動에 있어서 獨自性, 無因性 = 21
• 2. 物權行爲와 登記와의 不合致 = 30
• 3. 不動産登記의 公信力結如 = 37
• IV. 不動産去來安全을 위한 制度的方案 = 42
• A. 不動産登記의 公信力附與 = 42
• 1. 事前的 豫防制度 = 42
• 2. 事後的 救濟制度 = 44
• B. 不動産權原調査制度의 導入 = 46
• l. 不動産權原調査의 內容 = 46
• 2. 不動産權原調査制度導入의 結果 = 53
• C. 不動産權原保險制度의 導入 = 54
• l. 不動産樓原保險制度의 內容 = 54
• 2. 不動産權原保險制度導入의 結果 = 62
• D. 不動産仲介制度의 定着 = 64
• 1. 不動産仲介制度의 意義 = 64
• 2. 不動産仲介業法上의 問題點 = 65
• 3. 不動産仲介業法上의 改善點 = 68
• V. 結論 = 70
• 參考文獻 = 73
• ABSTRACT = 78