부동산 공시제도의 실태분석과 일원화에 관한 연구 = An analysis of the actual conditions of real estate public announcement system and a study on the unification of the system

다국어 초록 (Multilingual Abstract)

The success or failure of national economic policy in one country depends on how efficiently it manages and operates real estate holdings. Each country, therefore, continues to make researches for using its limited real estate efficiently. In the Information Age a nation should manage and operate all sorts of vast information systematically and efficiently and convey accurate information rapidly and effectively to the public and to all agencies necessitating it. Real estate public announcement system can be said to underlie a national real estate policy and a national land use program by definitely publishing the physical situation and right relation of real estate and guaranteeing the stability and rapidity of transaction.
Though real estate public announcement system is this important, Korean current system has too many irrational, inefficient aspects with Japanese old system as the matrix.
Real estate public announcement system can be divided into land register system where the physical situation and uses of real estate are publicly announced and registration system where legal right relations are published, which have interdependent and organic relations and simultaneously many problems of double irrationality by making the same real estate an object. The dualized system brought about a great loss in the people's time and property as well as a waste in national administrative power and manpower. The system imposed a burden on national economy and reduced national public trust externally owing to the discrepancy in real estate public record.
This thesis, therefore, aims at analyzing the problems following the system and presenting the plans for unifying an efficient real estate public announcement system for the purpose of conveying and utilizing information rapidly and facilitating national establishment of real estate policy by integrating dualized public announcement functions.
Based on the results of the analysis of the actual conditions of the system the most rational and reasonable plans for unifying it are presented as follows.
First, one should improve and integrate laws and administrative organizations.
Related laws should be improved by means of the policy for the cooperation and powerful integration between currently dualized management agencies. Legal and institutional devices should be prepared for the agreement between a register and a cadastral public record by enacting a new real estate public announcement act.
Secondly, one should integrate real estate public records.
As the most ideal method of unifying the system integrating real estate public records is to integrate a register with a land register completely and unify management agencies. The Judicature and the Administration that manage integrated public records have benefits and drawbacks, respectively, but considering national life facilities and administrative efficiency it is reasonable, I think, that the Administration should manage them. Registration officials who are endowed with a substantial right to judge should avoid false registration and heighten accuracy and public trust in the information on real estate.
Thirdly, one should construct general real estate information management system.
General information management system should be constructed to accurately and rapidly convey the information on real estate. Current land public records which were made out from the survey in the 1910s have many discrepancies from actual situation, which brings about continuous disputes in a real right. To solve the problem one should survey real estate by making a systematic plan for surveying it and make an accurate register for publishing real estate. With integrating a register with a land register one should standardize and scientize public records, which enable us to convey quality information at one time to more people.
Finally, one should prevent trial and error through full studies and analyses in the process of promoting integration by considering the effect of real estate policy on the society, heighten administrative efficiency by constructing information management system, and satisfy civil desire and promote national facilities by improving the quality of the official in charge through education and training.

목차 (Table of Contents)

• 제1장 序論 = 1
• 제1절 硏究 目的 = 1
• 제2절 硏究 範圍 = 3
• 제3절 硏究 方法 = 5
• 제2장 不動産 公示制度 이론적 考察과 分析의 틀 = 6
• 제1절 不動産 公示制度 意義 와 方法 = 6
• 1. 公示制度 意義 = 6
• 2. 公示의 原則과 公信의 原則 = 7
• 3. 公示 方法 = 10
• 제2절 不動産 公示制度의 種類 = 13
• 1. 槪要 = 13
• 2. 不動産 登記制度 = 14
• 3. 不動産 地籍制度 = 19
• 제3절 外國의 不動産 公示制度 = 26
• 1. 外國의 登記制度 = 26
• 2. 外國의 地籍制度 = 37
• 제4절 分析의 틀 = 49
• 1. 分析의 틀 構成 = 49
• 2. 分析 要所 定意 = 49
• 제3장 不動産 公示制度의 實態 分析 = 52
• 제1절 不動産 公示制度 實態 = 52
• 1. 登記制度 = 52
• 2. 地籍制度 = 59
• 제2절 不動産 登記制度와 地籍制度의 相互關係 = 65
• 1. 登記와 地籍業務의 關係 = 65
• 2. 地籍整理와 관련된 登記事項 = 67
• 제3절 不動産 公示制度 比較 分析 = 70
• 1. 目的과 理念 = 70
• 2. 技能과 內容 = 71
• 3. 擔當機關과 方法 = 72
• 제4장 不動産 公示制度 問題點과 一元化 方案 = 74
• 제1절 不動産 公示制度 問題點 = 74
• 1. 登記制度 問題點 = 74
• 2. 地籍制度 問題點 = 79
• 제2절 不動産 公示制度의 二元化에 따른 問題點 = 85
• 1. 公簿의 不一致 = 85
• 2. 管掌 機關의 二元化 = 87
• 제3절 登記制度와 地籍制度의 一元化 過程 = 88
• 1. 統合 論議와 過程 = 88
• 2. 統合에 대한 一般的 意見 = 90
• 3. 司法府의 統合 反對 意見 = 91
• 4. 行政府의 統合 贊成意見(司法府 反對意見 關聯) = 92
• 5. 統合이 무산된 理由 = 94
• 제4절 不動産 公示制度의 一元化 方案 = 96
• 1. 法律 · 行政 組織 整備 = 96
• 2. 不動産 公簿 統合 = 99
• 3. 綜合 情報管理 體系 構築 = 105
• 제5장 結論 = 110
• 參考 文獻 = 113
• ABSTRACT = 119